crackerpudgie
Junior Member
What is the name of your state?---Indiana---
I work in Indiana. The DOL in Indiana states the following:
Q:---When I leave my employment, is my former employer required to pay me for any accrued vacation time?
A: Yes, absent an agreement to the contrary. The Indiana Court of Appeals has found that an agreement to give vacation pay to employees is considered a form of compensation for services just like hourly wages. Vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination.
However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay.
---The HR policy for my company reads the following on vacation time:---
Unless otherwise required by law, used but unearned vacation time will be deducted from the last pay upon separation from employment. Unless otherwise required by law, accumulated but unused bank provided vacation time is forfeited upon separation from employment unless you qualify for retirement as defined by ABC Bank. -----
Would you say this states clearly enough that I am unable to use vacation time or be paid for vacation time? I submitted resignation letter on June 1, last day to be June 10th. In that time, I attempted to use my 32 hours of accrued vacation time. Boss calls and says I have to get back to work because I forfeit my vacation time and he will not approve vacation time for me because I'm leaving. Any recourse?
I work in Indiana. The DOL in Indiana states the following:
Q:---When I leave my employment, is my former employer required to pay me for any accrued vacation time?
A: Yes, absent an agreement to the contrary. The Indiana Court of Appeals has found that an agreement to give vacation pay to employees is considered a form of compensation for services just like hourly wages. Vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination.
However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay.
---The HR policy for my company reads the following on vacation time:---
Unless otherwise required by law, used but unearned vacation time will be deducted from the last pay upon separation from employment. Unless otherwise required by law, accumulated but unused bank provided vacation time is forfeited upon separation from employment unless you qualify for retirement as defined by ABC Bank. -----
Would you say this states clearly enough that I am unable to use vacation time or be paid for vacation time? I submitted resignation letter on June 1, last day to be June 10th. In that time, I attempted to use my 32 hours of accrued vacation time. Boss calls and says I have to get back to work because I forfeit my vacation time and he will not approve vacation time for me because I'm leaving. Any recourse?