Carterville, IL asked in Employment Law and Employment Discrimination for Illinois

Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Employment Law Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for one week of vacation, since you earned half of two weeks in half a year. This law applies regardless of why you left the job -- whether you were fired or quit, and regardless of whether you gave two weeks notice.

The employer is required to give you the earned vacation pay no later than "the next regularly scheduled payday for such employee." If you do not receive it, contact the Illinois Department of Labor through their website.

Personal time is not covered by that section of the law. If your employer had an employee handbook it may provide for that circumstance.

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