Earned vacation owed?

[CTSLICK]

I was laid off by an airline in Minnesota. My last paycheck did not include a pay out for the vacation that I had earned to date. Is the company legally bound to pay me for the vacation that I earned?

Thanks in advance

 

[cbg]

According to my records yes, Minnesota does require the pay out of vacation time. However, I couldn't find anything in my notes to say whether it has to be paid out in the final check or if it can be paid separately; you might want to ask the MN DOL that one.

 

[JETX]

This issue of 'vacation' pay always has some "gotcha's", typically when an employee (or former employee) doesn't know the company policy about vacation pay. Some employers allow 'earning' of vacation pay per pay period (in which case the employee would actually own the time) vs. those that 'award' vacation as of a specific employment date.

So, before you start demanding pay for vacation time, I would suggest you find out what the company policy is about earned vacation time and whether you are actually owed any time.

 

[CTSLICK]

Earned vs. awarded

This issue of 'vacation' pay always has some "gotcha's", typically when an employee (or former employee) doesn't know the company policy about vacation pay. Some employers allow 'earning' of vacation pay per pay period (in which case the employee would actually own the time) vs. those that 'award' vacation as of a specific employment date.

So, before you start demanding pay for vacation time, I would suggest you find out what the company policy is about earned vacation time and whether you are actually owed any time.

You point is well taken. I earn vacation as I work up to a maximum cap based on years of service. This would seem to indicate that I "own" that time as you state above. The company provides no corporate policy handbook to help clarify this situation. However, earned vacation was paid out to those who were laid off in the previous 3 rounds of layoffs.

I have found two other links that may relate, any opinions would be appreciated:

http://www.lmnc.org/pdfs/flsa8.pdf
http://www.revisor.leg.state.mn.us/stats/181/74.html

Thanks