If you’re laid off what happens to vacation pay?
My husband was laid off and the company called back almost all laid off workers. Unfortunately my husband wasn’t one of them. He actually got an email saying there were no openings for him and they suggest looking for other employment. My question is, since they are not calling him back is he owed the left over vacation pay he has earned? His last day was Feb 2nd. He got a last paycheck in Feb that had 1/16 of his left over vacation and was to resume his vacation when he was called back.
Answer: He should have received all of his unused accrued vacation pay because it was already earned, just not paid out. However, if he entitled to get 14 days per year and only accrued 10 days so far this year, he doesn’t get the other 4 because it had not yet been earned.
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It depends on what state you are in, but they are very likely required to pay him for his unused vacation. Even if state law doesn’t require it, most companies would anyway.