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Pay for unused vacation after resigning

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  • Pay for unused vacation after resigning

    I'm in Illinois (IL) with a simple question:
    * I resigned my full time position and my employer will pay me for unused vacation pay, but will not pay for the birthday holiday they provide employees. Is this legal? If not, is there a link I can send my employer for IL law?

    Some supporting information:
    * Full time employees are eligible for a "paid birthday" which is paid time off
    * The employee can take their birthday off (with manager approval) or a subsequent day (with manager approval)
    * I earned my birthday on Tuesday this week, and my last day is Friday this week...of course my manager won't approve any days off

    Last edited by VacationPayMan; 01-04-2006, 01:26 PM.

  • #2
    I know of nothing in the law of Illinois (or any other state) that requires them to pay out such benefits as birthday holidays unless there is a binding policy or contract to the contrary. Vacation, yes; birthday holidays, no.
    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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