unused Vacation

[wnwniner]

What is the name of your state? Ohio/Indiana
I recently turned in my 2 week notice at a company based out of Indiana, but i usually work in the ohio office. In the company handbook, it says employees will only be paid for unused vacation hours at termination if approved by the officers. in my letter, i requested that my termination date be extened so i could use the rest of my vacation. i have done some research and found that i do not think they are required to pay it based on state laws; however, i also found that anyone who works on governement contracts is required to get paid for unused vacation and all of the work i have done for this company has been on government (local, county and state) contracts. Do i have a chance at getting paid for this unused vacation? thanks for the help.

 

[mlane58]

Since you work out of Ohio, your employer has to follow Ohio employment laws and unfortunetly Ohio doesn't address the payout of vacation. As for your comment about federal contractors having to pay out vacation, I don't know where you got that from, because they follow the state laws as well and there isn't a federal law that addresses that. Unless you were under a collective bargaing unit or had a bona fide contract you are out of luck and company policy prevails.

 

[wnwniner]

Does it matter that i have been working in Indiana for the last 5 months?

 

[pattytx]

Does it matter that i have been working in Indiana for the last 5 months?

Temporary assignment? Nope.

 

[wnwniner]

The Indiana Department of Labor Web Site states that employees are entitled to payment for accrued vacation, absent an agreement to the contrary which may be documented in company personnel policy:
“When I leave my employment, is my former employer required to pay me for any accrued vacation time?
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.”
(Ref: http://www.in.gov/labor/wagehour/estandfaq.html#accrue )

The Employee Handbook currently states:

TERMINATION DATE

The termination date for all terminations except layoffs will normally be the last day worked. In cases where the employee requests and the owners approve, the termination day may be extended until vacation accrual is used.

So, what conditions have been set forth that I have to meet? In my resignation letter I requested that my date be extended until my vacation coould be used, so the request is in writing. Do I have any legal ground to stand out, or I am out of options? Thanks.

 

[mlane58]

I don't know why you are citing Indiana law since you were based out of Ohio even though you were temporarily working out of the Indiana office.

So, what conditions have been set forth that I have to meet?

None since Inidian law doesn't apply here.

In my resignation letter I requested that my date be extended until my vacation coould be used, so the request is in writing.

Doesn't matter, your employer doesn't have to honor your request and most employers will not let an employee utilize vacation prior to their resignation date.

Do I have any legal ground to stand out, or I am out of options?

Yep I'd say you are out of options

 

[wnwniner]

I guess I am citing Indiana law since that where the company was founded/based, and thats where the handbook was written. The Ohio office is new, only the last 5 years or so, so the Ohio office still defaults to Indiana standards, and the handbook is the same for both offices...I guess it is kind of hopeless, but it just upsets me that I was too busy to ever take it, and now that im leaving I still dont get it...

 

[ecmst12]

The handbook may be based on IN laws, but since it is physically located in OH, when it comes to enforcing the terms of the handbook OH law applies....which in this case means if the company doesn't want to follow its own policies, the law won't force them to.

 

[wnwniner]

So, if I had working in the Indiana office, then I would be entitled to my vacation? Also, does anyone know what the Ohio law says? It sounds like I would have a little legal ground had I worked in the Indiana Office, but i dont since I am based out of the Ohio office.

Thanks for all the help!

 

[Zigner]

To answer your *other* question - there is no requirement that the termination date be extended...

 

[wnwniner]

OK- thanks for all the help. I guess I learned a lesson that I should ask around about things like that before assuming/hoping that I will get it since i am a good employee...o well--i guess i was the windshield this time, huh?

 

[pattytx]

So, if I had working in the Indiana office, then I would be entitled to my vacation? Also, does anyone know what the Ohio law says? It sounds like I would have a little legal ground had I worked in the Indiana Office, but i dont since I am based out of the Ohio office.

Thanks for all the help!

1. Generally speaking, yes, you would have.

2. Ohio law is silent on the issue. Therefore, it's up to the employer.

 

[wnwniner]

Quote:
Originally Posted by wnwniner
So, if I had working in the Indiana office, then I would be entitled to my vacation? Also, does anyone know what the Ohio law says? It sounds like I would have a little legal ground had I worked in the Indiana Office, but i dont since I am based out of the Ohio office.

Thanks for all the help!

1. Generally speaking, yes, you would have.

2. Ohio law is silent on the issue. Therefore, it's up to the employer.

I cant decide if that makes me happy in claiming I am right in that they owe it to employees, or upset that i *technically* don't get it since I am in Ohio. I do know that the Indiana office runs the show, the Ohio office is much smaller and Indiana usually tells Ohio what to do; I don't know if that will help me much.

 

[ecmst12]

I'll say it one more time: It makes NO DIFFERENCE WHATSOEVER that the company headquarters is in Indiana. The office that YOU REGULARLY WORK IN is located in Ohio. Therefore, Indiana law DOES NOT APPLY TO YOU. All you can do is ask nicely and hope for the best. If they say no, you're out of luck.

You're not right, they don't owe you the vacation because you don't regularly work in Indiana. You should really stop worring about Indiana law, it only seems to be upsetting you or giving you false hope.