Repayment of vacation wages

My company lists paid vacation as a benefit along with 401k, medical, dental,etc for full time employees. But they didn't mention that if you leave the companys employment before you have worked 2 years you would have to pay back the wages paid to you for your taken vacation until I applied to take the time off. I am afraid to take the vacation time off because i only have worked 16 months. Can a company list something as a benefit then legally make you pay it back if you use it.. There was no mention of this condition of repayment in employee handbook or on the company website.
Answer this question Add to list

Answers (1)

Donald W. Heyrich

Donald W. Heyrich

Contributor Level 6
If I understand what you are saying, when you started employment, paid vacation was listed among the benefits provided, but there was no specific information about the particulars of the how and when the benefit would be paid. It also sounds like there was no mention of the company’s specific vacation policy and no mention in the company policy or handbook, but the policy was communicated to you once you applied for vacation — and they are now saying you will need to pay the vacation wages back if you leave before you have completed two months of employment. To answer your question, paid vacation, holiday, and sick leave and severance pay are considered voluntary benefits that a business may choose to offer workers. Washington State law does not require a business to provide these benefits. Even though there is no state law requiring a business to pay these benefits upon termination, if the business promises workers these benefits and does not follow through, workers can contact an attorney or file in small claims court for their unpaid benefits. However, in your situations, it sounds like no specific promises were made to you about how and when you will be permitted paid vacation. Also, unless you are in a labor union or have a written contract governing the terms and conditions of employment, the employer may legally change the conditions of employment unilaterally. You can accept the changes by remaining employed, or reject the changes and go elsewhere. That being said, there are limitations on the deductions your employer would be permitted to take from your final paycheck. See the link below. This situation could fall under the “employee loan” category in Section 2(b), although this regulation is ambiguous as to whether paying back vacation pay would fit into this category. In any event, assuming the deduction is permitted, any deduction would need to be agreed upon in writing or the employer would not be permitted to take it from your final pay. Hope this helps -Don
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.