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vacation benefits in minnesota

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  • vacation benefits in minnesota

    I recently resigned from the company I have been with for 2 yrs, 11 months. As per their employee handbook, employees only accrue vacation time during their partial first year. After that, 1 - 2 years = 10 days paid vacation, 3 - 5 years = 3 weeks vacation, and so on. Their vacation benefits begin January 1st each year, meaning that this year I was considered a 2yr employee as my 3rd full year didn't begin until March. I had not used any of my 10 days this year prior to my resignation. Upon my last day, they informed me that they would only pay me for 3 days, not 10 and that they were doing this to be nice since (according to them, not the handbook) I only accrued .83 days this year so far (for January). My last paystub (dated 01/07/06 - 01/20/06) clearly shows I have 84 hours of available vacation time (4 hrs carry over from last year, used on January 27th). This last 4 hours also was not paid out on my last paycheck, which I have already requested they pay out. I have the handbook showing vacation benefits. Can they do this, and NOT pay me for the remaining 7 days of vacation? Can anyone point me towards a website showing what the laws are on this? Also, if they are required to pay it out, what specific time period do they have to pay it out? Thanks in advance!

  • #2
    According to the MN state website, company policy determines when benefits such as vacation time are payable. I cannot find anything in MN law which states that vacation time MUST be paid at termination (NOTE: termination means resignations as well; a resignation is a voluntary termination) although there are provisions for when it must be paid if offered.

    That being the case, they are free to pay only what has been accrued this year and "lose" what you would have had available from last year. The law does not prohibit use-it-or-lose-it policies in your state.
    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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