Am I owed my unused vacation pay when I quit my position?

Asked over 2 years ago - Southfield, MI

I am in Michigan

Attorney answers (2)

  1. C. John Holmquist Jr.

    Contributor Level 3

    1

    Lawyer agrees

    Answered . There is no law that requires the employer to pay unused vacation pay unless the employer has a policy of doing so. The Michigan Payment of Wages and Fringe Benefits Act provides that an employer shall pay in accordance with the policy in effect. If the policy provides for an employee to be entitled to unused vacation at time of termination, the employer has to pay. If there is no such policy, the employer does not have to pay.

    Information is provided for general purposes and does not create an attorney-client relationship.
  2. Travis I. Dafoe

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . The Short answer is probably not. Unless your employer has a written policy that indicates that they will pay for unused vacation time. You should review your employee handbook or other documents that were provided to you by your employer.

    Check out the following links:

    http://www.michigan.gov/lara/0,4601,7-154-11407...

    The link goes to the Michigan Wage and Hour FAQ's. It provides that unused vacation time is governed by employer policies.

    http://www.dol.gov/whd/flsa/faq.htm

    This link goes to the National Labor Department's wage and hour division's FAQ'S. it indicates that vacation time is governed by agreement not federal law.

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