I want my vacation pay!

[anni_23]

I recently resigned from an eight and a half year position in a small company. I requested that my 2 weeks vacation pay be included in my final paycheck. The so-called "personnel manager" informed me that I would not be paid for vacation time. I asked her to show me in the manual the reason I would not be paid and she had no answers. The manual is extremely vague and says absolutely nothing about accrued vacation time. The only mention is no vacation during the probationary period, which I passed long ago. Does she have a right to keep my vacation pay??

[cbg]

Unless you have a contract or your company has a binding policy that says otherwise, yes, they do. Neither Federal nor Missouri law requires that you be paid unused vacation at termination. They don't have to show you where it says it won't be paid; you have to show them where it says you will be paid.

That would not be the case in all states, but it is in yours.

[anni_23]

The manual reads: " Full-time employees (not on probation) are eligible for vacations according to the following scheduled: After one year's service- two weeks. After 10 year's service- three weeks. The hire date becomes the anniversary date to determine this vacation eligibility."

I gave two week's notice. I really don't have a right to vacation pay?

Sorry to ask again, but a HR person that my husband works with seems to think I am entitled.

[cbg]

I don't see anything in that section that says vacation will be paid out at termination; only that while you are employed there, you are entitled to take vacation under the policy as described. And as I said before, nothing in the law of your state and nothing in Federal law requires vacation time to be paid out in the absence of a contract or binding policy that says otherwise. I don't know what the HR person is seeing that makes her think it's payable - the fact that they say you get vacation doesn't mean they have to pay it out. at termination no matter how much notice you give And I think it ought to be Federal law that all employees get unused vacation paid out at termination; if I saw ANYTHING that made me think you had even a prayer of having them have to pay it, believe me, I'd tell you.

Different states have different laws on this. In my state, it has to be paid out regardless. If you were in, say, New York, they'd have to pay it out unless there was a policy that said otherwise. So in my state or in NY, they'd have to pay you since there is no policy saying it won't be paid. On the other hand, in PA, they only have to follow whatever their policy says; in PA they wouldn't have to pay you since there's nothing that says they will. And in your state, there's no provision whatsoever; nothing in the employment law of your state addresses the question at all. General contract law says that if there's a contract or binding policy it has to be followed, but there is nothing in the employment law of your state that says they have to pay it.