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Laid off...vacation pay question Mommy2Kay Due April 20; 1 child; Florida 4247 posts
9th Jul '13

When I was laid off in NY, I was paid all my vacation hrs that I had accumulated but I was also under a union. I got laid off yesterday and they never gave me an employee guide. Is it a law for them to pay me my vacation days or will it depend where I worked? Is there a place I can contact about this here in FL?

*Ay&Ryker's Mommy* Due January 14 (boy); 1 child; Kentucky 364 posts
9th Jul '13
Quoting Mommy2Kay:" When I was laid off in NY, I was paid all my vacation hrs that I had accumulated but I was also under ... [snip!] ... law for them to pay me my vacation days or will it depend where I worked? Is there a place I can contact about this here in FL?"


Since you paid in for that vacation and did not take it, you should definitely be paid back! I'm not sure if it's a law or anything like that but it definitely wouldn't be right for them not to pay you back!

Mommy2Kay Due April 20; 1 child; Florida 4247 posts
9th Jul '13
Quoting *Ayden's Momma *:" Since you paid in for that vacation and did not take it, you should definitely be paid back! I'm not ... [snip!] ... paid back! I'm not sure if it's a law or anything like that but it definitely wouldn't be right for them not to pay you back!"


I hope so :?

Mommy-of-3-awesome-kids 3 kids; Go Hawks, IA, United States 2584 posts
9th Jul '13

My husband got laid off last September with the State Of Iowa and got all his vacation time paid to him. He ended up getting recalled back to them by November. I hope it all works out for you because it can be very stressful.

Mommy2Kay Due April 20; 1 child; Florida 4247 posts
9th Jul '13
Quoting Abby and Graceys mom:" My husband got laid off last September with the State Of Iowa and got all his vacation time paid to him. ... [snip!] ... him. He ended up getting recalled back to them by November. I hope it all works out for you because it can be very stressful."


It really is...thanks

Destinite 1 child; 2 angel babies; Paradise, FL, United States 31782 posts
9th Jul '13
Quoting Mommy2Kay:" When I was laid off in NY, I was paid all my vacation hrs that I had accumulated but I was also under ... [snip!] ... law for them to pay me my vacation days or will it depend where I worked? Is there a place I can contact about this here in FL?"


Yes, by law the vacation time accumulated year to date should be included in your final paycheck.



Mommy2Kay Due April 20; 1 child; Florida 4247 posts
9th Jul '13
Quoting Destinite:" Yes, by law the vacation time accumulated year to date should be included in your final paycheck. "


Thank you! Do you have any idea where I can find this online or who I can contact about it?

Mandi Bass 1 child; Minnesota 1064 posts
9th Jul '13

It may be different where you live, but here No it is not a law. Laid off is not terminated. If your employment is terminated then yes, you must be paid for all accumulated vacation and your final paycheck must be received within 24 hours. But laid off is different. You aren't fired. There's a chance that they will be calling you back to work, they just don't know when. Therefore, until you are actually terminated you aren't owed anything at all except a check for any hours worked before lay off and possibly unemployment.

Destinite 1 child; 2 angel babies; Paradise, FL, United States 31782 posts
9th Jul '13
Quoting Mommy2Kay:" Thank you! Do you have any idea where I can find this online or who I can contact about it?"


Let me ask this...did you ever recieve an employee handbook that breaks down your benefits?
This is from legal zoom
Unused vacation at termination
You may be wondering what happens when you terminate an employee. Remember, states may have laws protecting employees who have accrued vacation time and corresponding pay. So, if an employee accrues vacation time, the company must pay out the vacation pay when the employment ends.
Also, an employer cannot deduct vacation pay without the employee's consent. So, a business owner must pay all wages, including accrued vacation within a stipulated time period after the employee terminates. An employer cannot keep vacation pay so as to discipline an employee they release. In fact, some states will prosecute an irresponsible employer. On a special note, employees can also sue in civil court even if their state lacks specific laws regarding final wages

Mommy2Kay Due April 20; 1 child; Florida 4247 posts
9th Jul '13
Quoting Destinite:" Let me ask this...did you ever recieve an employee handbook that breaks down your benefits? This is ... [snip!] ... On a special note, employees can also sue in civil court even if their state lacks specific laws regarding final wages"


No, I never did. I will get my paycheck deposit after 12 so I will check. If I don't get the vacation pay I will contact one of my former coworkers to see if she can get me that employee handbook.

Destinite 1 child; 2 angel babies; Paradise, FL, United States 31782 posts
10th Jul '13
Quoting Mommy2Kay:" No, I never did. I will get my paycheck deposit after 12 so I will check. If I don't get the vacation pay I will contact one of my former coworkers to see if she can get me that employee handbook."


That's your best bet in defining any type of policy they may have in place. Good luck! I hope they choose to do right by you and compensate you for your time earned.