Q: If an employer pays every year for prior year unused vacation, must they pay the prior year's on a final paycheck?
My former employer pays you for unused vacation every year for the prior year. I was employed from 2014-2017. I was paid in 2016 for vacation not taken in 2015. I quit in Jan of 2017 with three week's notice and had 40hrs unused vacation time. Are they obligated to pay me for the unused vacation time from 2016?
A:
Based just off what you wrote, hard to know. The key is not whether they pay you out from year to year, but what is their policy as to paying it out upon termination/separation? Many companies have written polices on the topic, and those are generally controlling on the topic. Now the fact that they do payout at least as to carry over may help indicate they do pay out on separation.
That said, if they do pay it out, all of it would be due on your final paycheck. Then, since you gave more than 72-hours notice, your final paycheck is due on your last day of work. If they are/were late, they owe you a penalty wage, plus the actual amounts owed.
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