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Give up my earned vacation?? Oklahoma

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  • Give up my earned vacation?? Oklahoma

    So I have been working for this company for over two years and i have been back and forth between full time status and "other" status which is kind of a prn thing while I am finishing college....well I recently got a better job that was going to secure a position for me after i graduate in may and went back to other status at my other job. Well i tried to cash out my vacation time for Christmas and they told me that their new policy requires that you forfeit any vacation and personal time you have built up when you change to other status now??? I have changed before and they never gave me any trouble and I was never notified that there was a change made. Is this legal if I EARNED it??

  • #2
    Barring a bona fide contract or CBA that specifically says otherwise, there is no law in any state that says your employer has to allow you to cash out your vacation time. Whether you earned it or not.

    There are some states which require that you be paid any unused vacation at termination. The OK DOL website does not specify and my usual source for that info is down so I can't say right now if that is the case for you or not. But no state requires an employer to allow paid leave to be cashed out during employment.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thank you so much for your response!

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      • #4
        Re payout of vacation at termination Ok - Vacation and sick pay are payable as a wage when terminating employment only if the payment is (1) agreed on between the employer & employee or (2) provided to the employee by established policy.
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