I'll be sure to tell the tenth largest law firm in the country, as well as the major university with 10,000+ employees, that they are mom and pop operations.
And you are clearly not understanding my definition of "gift". It's not because the employer is not required to offer the benefit at all that I am calling it a gift. It is because they are offering a payout at termination that is not required by law or contract. Pensions, 401k's, and to a certain extent medical insurance may not be required by law (in two states medical insurance is required by law, btw) but if offered, the payout at termination is mandated by law. That is NOT the case, in your state or the OP's, with vacation time. The law does not mandate that the unused portion be paid out at termination. The employer has every right to withhold every penny of the unused time. They are not doing so, but paying it to the employee. THAT is why I am calling it a gift. Were the employee in my state, or in California, or in Illinois, or in any other state where payout is mandated by law, or if the OP had said that a contract were in place mandating the payout and at what rate, I would not be calling it a gift because in those instances it wouldn't be.
But in THIS case, where neither law nor contract requires that the employee be paid a single penny, THAT is a gift.