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Vacation Pay-Plant Closing Ohio

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  • Vacation Pay-Plant Closing Ohio

    A local company just shutdown and closed its doors yesterday. If an employee worked three days last week and had two days scheduled as paid vacation, are they legally obligated to pay that vacation since the employee had already taken it prior to the closing.

    The company had 30-40 employees and were told of the closing yesterday. The company is paying any hours worked but not any vacation that was scheduled and taken last week. Thanks.

  • #2
    Hours worked, heck yes. That is federal (FLSA) and maybe Ohio "black letter law". File a wage claim on that ASAP with OH DOL.

    Vacation is specific to the state, and sometimes to the exact wording of the employer's vacation policy. Your state is not my state and I do not know what the specific OH rules are, other then OH has a reputation for not having much in the way of state specific labor law. Past that very few states consider vacation pay to be unconditional due upon termination. Most states either have a follow the company policy rule or basically do not care enough to express an opinion. You can always try adding vacation to the OH DOL wage claim. It works or it does not. OH knows what their rules are even if I do not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      In ohio employers do not have to pay accrued vacation when employment is terminated. I just didn't know if it was required in past weeks once it has been granted and the payroll period was over

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      • #4
        No, Ohio has no law requiring the payout of vacation at all.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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