Vacation time

[jamamm]

Question: My husband is about to give his notice to his employer. He is paid salary + commission. He is given 2 weeks vacation time each year (his year goes 12/15 to 12/15) Is he eligible to receive any of his vacation time in his final check? We are in NH and just wondering what the law states so he is prepared when he gives notice. Thank you.

[cbg]

According to my sources, in NH whether or not vacation time is due at termination depends on company policy.

[zena]

It totally depends on their specific Company Policy and how it is worded. My husband got totally screwed from his company a week before he was to take his 2 weeks vacation. The boss walked in and laid EVERYONE OFF and then proceeded to tell him he was not entitled to any vacation time at all. Guess it all depends on how well they know how to screw you! This company does it ALL the time and everyone thinks they are so great and family and community oriented. If onyl people knew the REAL TRUTH!

[cbg]

This post is over six months old. I really don't think the OP is coming back looking for additional answers at this point.

[assawyer]

I believe your husband would be entitled to the full amount of his current vacation pay upon his leave from the company.

NH RSA 275:43 Weekly., III.. states:

Vacation pay, severance pay, personal days, holiday pay, sick pay and payment of employee expenses, when such benefits are a matter of employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42, III, when due.

NH RSA 275:44 Employees Separated From Payroll Before Pay Days. states:

I. Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.

II. Whenever an employee quits or resigns, the employer shall pay the employee's wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
...

I would conclude that if your husband is entitled to his vacation time, then once he quits or is laid off the employer is required to compensate him for that time. I would suggest that if your husband is worried about getting screwed, then he request payment of those days in his resignation letter or confirm how much vacation time he has with his supervisor before giving his notice.

[Pattymd]

Again, assawyer, the OP has not been back, so apparently she got the answer she needed. And, just for the benefit of other readers of this post, nothing you posted contradicts the prior advice.

Note the phrase in the law you quoted "when such benefits are a matter of employment practice or policy, or both,". That's EXACTLY what was communicated 6 months ago, just without the cite.

[Beth3]

New Hampshire only requires the payout of vacation if the employer has a policy or practice of doing so.

[Pattymd]

Originally Posted by annhov

The OP might not have been back but I am interested in this answer. My husband was just laid off today and I was trying to find out if his company had to pay him for his 2 weeks vacation.

Which, if you had actually read through this thread, you would have seen had been answered multiple times.

[cbg]

Yes, they do. At least as far as this goes.

From now on, instead of attaching your question(s) to an existing thread by someone else, please open your own. Thank you.