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  • Question about vacation pay Tennessee

    My husband resigned from his company Feb. 2nd, 2007 after being there for 6 years. They have paid him his wages (he was salary) and any money due to him for expenses he aquired in January and the two days in February. My question is about vacation pay. They have a black out date from the 1st of January until after their CBA meetings usually in the middle of July where employees are not allowed to take vacation. This being so he was not allowed to take vacation even if he had wanted to prior to his resignation. Is this company required to pay him his vacation pay? They have 2 full weeks of paid vacation after the first full year of employment per their manual. I know there was a new ruling in December, but I have not figured out whether we have a case if they refuse his vacation pay or not.
    Any information would be appreciated.
    Thanks you.

  • #2
    Not all states require the payout of unused accrued vacation days upon termination. To the best of my knowledge, Tennessee does not. Since he's under a CBA, I'd suggest reviewing that to see if the issue is addressed in it.
    I am not able to respond to private messages. Thanks!

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    • #3
      TN law does not require this, unless it is specified in company policy to do so or that is specified in a CBA. Since you said there is a CBA, my advice is to check with the union to see if termination vacation pay is included, and when exactly is it accrued.

      See: http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

      and scroll part of the way down the page.

      Here, I copied and pasted this from that web page for you:

      If an employer's policy provides a paid vacation and the employee's employment is terminated, is the employer required to compensate for any vacation time I have accrued but not used?
      No. Unless the employer's policy or its labor agreement specifically requires compensation of unused "vacation pay or other compensatory time" to an employee upon his or her termination of employment, Tennessee Code Annotated 50-2-103(a)(3) does not require that an employee's final wages include such compensation.
      Last edited by The Masked Poster; 03-20-2007, 01:48 PM.
      The only thing spammers are good for is target practice.
      No trees were destroyed in the sending of this message, but a bunch of electrons and phosphors have been a tad inconvenienced.

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      • #4
        Thanks for the replies, but

        I think I may have put down initials that mean something else to all of you.
        CBA in my husbands field represents the Christian Book Association. I'm not sure as in what text you were using the initials. Sorry if that was confusing. My husband was working for a sales and marketing firm for the christian gift industry.

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        • #5
          Originally posted by rnjsmom View Post
          CBA in my husbands field represents the Christian Book Association.
          Thanks!

          Here, and in any other employment context, CBA means a collective bargaining agreement (a union contract).
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Oh! Ok.

            Thanks- I had no idea in what context CBA was being used in the replies I had. Thank you for clearing that up for me. I will know better for future questions.

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