Unpaid Vacation

[davidk5775]

What is the name of your state (only U.S. law)? Ohio . I was terminated with no reason given after 5.5 years. I had 80 hours vacation coming. Due to work-load and staffing issues, I was unable to take vacation. My last paycheck still shows 80 hours vacation left. I had until my next anniversary date 3/12/2010 to use my vacation time. HR told me the state of Ohio does not require the company to pay for unused vacation. The employee handbook states ,"Since vacation is "granted," not "earned" or accrued, the time not taken when an employee leaves the company will be forfeited. Employees will not be paid for unused of forfeited vacation." I did not choose to leave the company, I was terminated. Should I not have a vacation check in my hands?

 

[cbg]

Your HR is correct - the state of Ohio does not require the payout of unused vacation. It is up to the employer's policies whether to do so or not. Policies that unused vacation is forfeited at termination (regardless of whether termination was voluntary or involuntary) are legal in your state. If your employer's policy is not to pay it, then no, you should not have a check for vacation in your hands.