FL employment law, salaried employee's right to earn vacation time pay

The answer here very much depends on your contract of employment, employee handbook and company policy(s) regarding benefits. Are you truly salaried? An "exempt" employee? How big is your employer, i.e., how many employees? Many times certain benefits are lost if not used within deadlines or are capped. You should consult first with your employee handbook and human relations representative. Most employers offer vacation time on an accrued basis, such as 1 day or 8 hours per each month or 40 hours worked, etc., and that is offered as an incentive to compete in the market with other businesses. If you can't get answers in the above fashion, you should consult with an employment/labor attorney but have your employee handbook with you so the lawyer can review the policies and procedures.

I am a business attorney in West Palm Beach and I would like to address your question. I agree with my colleague in that your employee agreement and/or company handbook are the first things to look at. The human resources department, if the company has one, may also be worth checking with but, to be honest, I don't feel you should necessarily take their opinion as the final word on the matter.

The bottom line is that I don't think there is a statute that directly addresses your issue. There might be some case law on the subject, but any contractual provisions would almost certainly trump. So, start by looking over the employee documents.

Jeffrey Harrington, Esq.
www.harringtonlawassociates.com