Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Hourly worker with vacation/personal time but laid off New Hampshire

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Hourly worker with vacation/personal time but laid off New Hampshire

    Hi,

    I have an employee that gets paid hourly. We just laid them off on March 13th. Do we owe them all the vacation hours and personal/sick time hours for the year or do we prorate what we owe them?

    Note: We reset vacation and personal/sick time at the beginning of every year so it does not carry over year to year.

    Any help would be appreciated.

    Thanks

  • #2
    NH law does not require the payout of personal or sick time unless you have a policy that specifically says otherwise. As far as vacation time is concerned, that depends on how your policy is written and what it says you will pay.

    There are no circumstances, in any state, where the law requires that you pay out time that the employee hasn't earned yet. But if you have a policy that says you will pay out all the time for the year, then you have to pay out all the time for the year. If your policy only says that you will pay out what the employee has earned by the time of termination, then that's all you have to pay.

    Hopefully you do have such written policies because NH is one of the few states where such policies are required by law.
    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.

    Comment


    • #3
      I assume you mean you just laid them off Feb. 13.

      Section 275:43 NH labor code
      V. Vacation pay, severance pay, personal days, holiday pay, sick pay, and payment of employee expenses, when such benefits are a matter of employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42, III, when due.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Yes February 13th...sorry about that. I had quite a long day yesterday.

        Comment


        • #5
          That's ok - we have all been there.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X