I recently put in my 2 1/2 weeks notice of resignment from my current employer. I have 43.8 hours of unused vacation time. We earn vacation time by hours worked. My company policy states that at termination you will forfeit unused vacation time. Yet I was reading on an earlier posting if vacation is earned by hours you have worked then the employer must pay you that time you have earned. If you have vacation based on a calendar date or anniversary date, the employer does not have to pay. Is this true? And should I be getting paid my 43.8 hours of unused vacation time when I quit?

Thanks!

No, that is not correct. The law requiring payment of accrued, untaken vacation at termination if the company policy provides for it (which yours obviously does not) is not dependent upon how the time is granted/accrued.
http://www.michigan.gov/cis/0,1607,7-154-27673_32352-41967--,00.html

There was a previous posting from 4/26/06 that states....Q. Does an employer have to pay an employee unused vacation if the employee is terminated or quits during the vacation year? A. The answer to this question depends on the employer's policy. If the employer's policy accrues vacation hours on hours worked, then the employer must pay the "vacation accrued" through the termination date. If the employer's policy, however, provides the vacation only accrues on a fixed date, e.g. anniversary date, or the end of the calendar year or that vacation does not accrue and terminating employees are not entitled to vacation pay, then the employer does not have to pay unused vacation for the year in which the employee is terminated or resigns.

Now you are saying they do not have to pay no matter what? I do not believe this is fair since I have worked many hours earning this vacation time and now I do not get paid for them?

Thank you

Can you post the link to that thread? I want to see if there is a source cited or a link provided. As you can see from what I posted, (at least in the FAQ) it doesn't appear the law addresses the method of accrual.

http://www.michigan.gov/cis/0,1607,7-154-27673_27688-39056--,00.html

This was a link listed to see.....

I reached this link from yours, ambervl.

http://www.michigan.gov/cis/0,1607,7-154-27673_32352-41967--,00.html

Neither of the above links specify anything about the accruing of vacation time verses just vacation time given to you. I am just wondering how that previous thread got posted? Or where they found info to back them up. I am thinking of writing my company and asking for my vacation time that I have earned but have not used. Will I get that time paid to me? Any thoughts?

Thanks!

I didn't think there would be anything as you mentioned. Even in California, which is arguably the state which has the most restrictions on vacation/PTO, the law does not go this far.

However, since the policy clearly states that vacation is "use-it-or-lose-it", I don't see much hope. On the other hand, if they follow the policy, you aren't going to get it anyway (which would be legal), so I guess you'd have nothing to lose. I wouldn't expect it though; that's why they have the policy they have.

Thanks, I guess it may not hurt to write a letter and try. Right?

Thanks for your help!