VACATION AND PAY Nebraska

[tmagic]

I recently quit my job--I am a salaried employee that was not on the schedule due to family illness. I was actually employed for 10 days of the 14 day pay period. Am I entitled to my salary even though I didnt work but was granted the time off? Should I be payed for the vacation time I have earned but didnt take?

[DAW]

You have several unrelated issues.
- Unpaid vacation is a function of state law (if any) and your state is not my state. I will let someone else address that. I can say that the feds do not care even a little bit about vacation.
- The rest of your question is federal law (FLSA). First of all, "salary" is just a payment method and legally means next to nothing by itself. Exempt Salaried employees work under one set of rules (29 CFR 541.602) and Non-Exempt Salaried employees work under one of three different sets of rules (29 CFR 778.113, 778.114, and whatever regs the Belo Plan is under). None of the rules requires payment for when you were no longer an employee. Family leave maybe more complicated, but it is very likely that you only need to be paid based on the time you were actually working. Even if you are Exempt, FMLA has one type of exception, and personnel time off a different exception, both functionally unpaid.

[Pattymd]

My resource says that, in your state, earned vacation need only be paid at termination if the company policy or an employment contract provides for it. If the policy does, and your salary was docked for the vacation time, you should get it with your final wages.

However, many companies don't pay for vacation taken once an employee has quit, or even if the employee quits upon return from the time off. They can legally do that.

[tmagic]

I should have been more specific. I quit on september 10th, on the schedule I was listed as off from august 28 to september 12th. The pay period ended on september 12. I was still an employee until the 10th should I get paid for these days?

[Pattymd]

Again, no, they aren't required to pay you if you are out for personal reasons, even if you had the time accrued and approved. If the company policy is, however, to pay out accrued vacation at termination, you should still get it.