JustWondering1
01-19-2009, 09:21 AM
Is an employer in the State of Ohio required to pay vacation pay if someone has quit?
View Full Version : Vacation Pay Ohio
|
JustWondering1 01-19-2009, 09:21 AM Is an employer in the State of Ohio required to pay vacation pay if someone has quit? Pattymd 01-19-2009, 09:39 AM Ohio has very few wage and hour laws of its own and my recollection is that Ohio law is silent on this issue (and so is federal law). I don't have my resource with me; if I have mis-stated and someone doesn't correct it, I'll post back tonight. Mr. Pink 01-19-2009, 09:59 AM *PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE* Patty is correct. Ohio law does not define vacation pay as wages, but instead as fringe benefits that don't necessarily have to be paid to an employee. See ORC Section 4113.15. However, it is also important to know what the employer has done with vacation pay in the past and how it is defined on a company policy/handbook. Mr. Pink JustWondering1 01-19-2009, 12:06 PM Below is the statement int he Handbook regarding vacation. It does not state what if any responsibilities the company has if someone should quit. Vacation Vacation pay is granted after one full year of service. Paid vacation is 1 calendar year from hire date. All vacation requests must be made in writing and approved by management. Vacation will be based on: Annual Average divided by 52 weeks to give an overall average week for the previous calendar year. Commission paid on average week as normal. Employees are allotted one week paid and one week unpaid vacation. Any days beyond that will need to be made up. Requests will be granted on 1st time 1st serve basis in order to keep business operational. All requests will be considered in the order that it is made in relation to other requests and will take into consideration previous request for time off in same calendar year. cbg 01-19-2009, 12:25 PM Since it does not say that unused time will be paid out, the employer need not do so. |
Ohio Labor Law Posters
Comply with Ohio regulations with one Complete Ohio Labor Law Poster. Trusted with customer satisfication. Call (800) 745-9970 or shop online at www.LaborLawCenter.com. |
|