Legal Question in Employment Law in Florida
paying out vacation time
is a company obligated to pay out any unused vacation time from one fiscal year to the next if they do not allow it to roll it over?
2 Answers from Attorneys
Re: paying out vacation time
There is no federal law requirement payment of "unused" vacation time, nor does Florida have a specific statute on that issue. How the employer records actual hours worked and compensates an employee for those hours sometimes is implicated in "vacation" or "PTO" time because some employers try to use "comp time" in lieu of payment for actual hours worked, which is unlawful if substituted for overtime wages.
Re: paying out vacation time
depends upon the policy of the employer. IF they dont have one in writing, then you could claim you are entitled to accrued and unpaid vacation. Please call my office if you wish to discuss further. Thanks.
scott behren
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