Can a company 'cancel out' accrued vacation time and not reimburse me?
Full Question:
I was just laid off in mid-January from my company in Maryland; I live in Florida.. When I was laid off, I was told I would receive pay through January and my vacation time. Well according to the company the 70 hours of vacation time I had accrued in 2008 was forfeited since I did not use it by December 31. I had no chance to use it since we were so busy. Can a company 'cancel out' accrued vacation time and not reimburse me? We are talking about $2500.00 here and they claim they do not owe me anything. They said it was in the employee handbook but is this worth the paper it is written on? My last paycheck even has the total vacation balance of 69.93 hours printed on it.
02/09/2009 |
Category: Employment ยป Benefits |
State: Florida |
#15202
Answer:
The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee's representative).
Accrued vacation pay is generally not required to be paid on termination of employment unless required by an employment or union contract. In some cases, an employee handbook is deemed a contract. Without an employment contract, the payment of accrued vacation time benefits is typically a matter of employer policy.
