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?


Asked on 1/15/09, 2:35 pm

2 Answers from Attorneys

Keith Stern Shavitz Law Group

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.

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Answered on 1/15/09, 2:46 pm
Scott Behren Behren Law Firm

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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Answered on 1/15/09, 3:17 pm


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