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Statute of limitations back vacation Illinois

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  • Statute of limitations back vacation Illinois

    Does anyone know the statute of limitations on back vacation pay? My husband passed away 4 months ago and was promised for vacation pay for years that he never collected. I would like to get it now, as I need it, but the company he worked for is refusing to pay it.

    Thanks for any and all info.

  • #2
    Sorry for your loss. That's plenty of time. Why is the company telling you they won't pay?
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    • #3
      I am also sorry for your loss. Under Illinois law a former employee has a claim under the Act for the collection of the monetary equivalent of his/her vacation time earned in accordance with an employment contract, agreement or policy. For more information, 820 ILCS 115/5 and 56 Ill. Adm. Code 300.520. File a wage claim on behalf of his estate.
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      • #4
        Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.

        Claims for vacation pay must be brought to the Department within three years from the date the vacation is earned.

        An employment contract or an employer's policy may require an employee to take vacation by a certain date or lose the vacation, provided that the employee is given a reasonable opportunity to take the vacation. The employer must demonstrate that the employee had notice of the contract or policy provision.

        Why is the co. telling you that his vacation time earned is not payable? I, too, am sorry for your loss.
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