They Want a Payment Plan

[whoelse]

What is the name of your state (only U.S. law)? Illinois

My employer who may be closing shortly has a written policy about paying vacation pay to you when you leave. I switched positions from part time with benefits to part time no benefits. They now say they will pay my vacation with payments that will take 20 weeks to pay the amount and it will be paid when I work a certain number of hours.

I have not debated with them yet but I want my vacation pay quickly for many reasons and I do not see why it needs to be attached to me having to work a certain number of hours.

 

[cyjeff]

The answer to the implied questions is that they don't have to pay you your vacation the way you want them to.

In fact, they don't have to pay it at all.

 

[cbg]

Well, actually, in Illinois they do have to pay it out - IL is one of the few states where earned but unused vacation is due unconditionally at term.

But the state does not dictate what the policy may be - if there is a policy that you must work x number of hours before being eligible for vacation, there's nothing illegal in IL (or any other state) about that.

 

[Betty]

Illinois:

(820 ILCS 115/5)
Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.
Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois

My employer who may be closing shortly has a written policy about paying vacation pay to you when you leave. I switched positions from part time with benefits to part time no benefits. They now say they will pay my vacation with payments that will take 20 weeks to pay the amount and it will be paid when I work a certain number of hours.

I have not debated with them yet but I want my vacation pay quickly for many reasons and I do not see why it needs to be attached to me having to work a certain number of hours.

I think that you already explained it yourself. Your employer may be closing shortly. I suspect that your employer does not have the money to provide you the accrued vacation pay, and is trying to find a way to stall the payment as a result. Most likely you can kiss that money goodbye.

 

[cbg]

I read it that he has to earn x amount of money before he begins accruing it. But upon rereading it, I see that it could be read the other way as well.

 

[whoelse]

They want a payment plan

All right. My employer is the Catholic Church. Despite their disclaimers they are not as destitute as they claim but they are locked in battle with the state of Illinois now about providing services to couples under the civil union act and will probably close my human service agency soon.


I worked for them full time then they cut my benefits except vacation. I found another job and resigned from the part time with vacation benefits level of employment (as directed by them). I now work for them as a contractor with no benefits at all.

Right now they are saying that because they are still contracting my services (although I can no longer accrue vacation and I was told to write a letter of resignation and received a resignation survey which I was told was a "mistake") that they cannot pay my vacation benefit in a lump sum but are willing to pay small amounts weekly . It is confusing. Thank you all for the advice. I am sorry this is not a simple situation.