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Florida code if possible

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  • Florida code if possible

    I am a CFO of a small corporation in Florida and I need a reference to the law which states we do not have to pay for accrued leave. A code and/or section if possible. It is in our handbook that "at the termination of employment, *** will pay you for your unused accumulated leave at your normal pay rate." If it is in our handbook do we still have to follow that? Thanks. MGreutman

  • #2
    It's not so much that there is a law giving you permission to withhold payment of accumulated leave as it is that there is no law requiring that you pay it out. The law states what you MUST do and what you MUST NOT do; it is silent on what you MAY do. In the absence of a statute requiring that you pay the accumulated vacation, it is up to the employer whether to do so or not.

    If it is in your handbook that you will pay it out and you think there are chances that you might not wish to, then modify the handbook to indicate those circumstances under which you won't. There's nothing wrong with that. While it is rare that an employee handbook qualifies as a legally binding contract, as long as it states, unqualified, that you will pay it, there's always the possibility that some court or other will declare that it is. Better that you amend the handbook to include the qualifiers.

    For the future, please do not add your question to someone else's thread, no matter how closely the topic may match. That gets very confusing for the responders. I moved it into its own thread.
    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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    • #3
      THANKS for your quick response

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