Legal Question in Employment Law in Maryland

garnishment/repayment of vacation time taken

I live in PA and work in MD.

I recently gave a 2 week notice of resignation to my employer and learned that they may attempt to withhold/collect vacation time that I have used. The vacation time is given at the beginning of the year and the employer requires approx. 40% to be scheduled at that time. I inquired with the HR dept about whether I would be required to repay any of this time and they told me ''they didn't know, but if I did I would probably be billed for it''.

Can the employer make me payback/garnish my last check for vacation time that they told me I was eligible to use because I am resigning half way through the year? And can this be reported to collections if not paid?


Asked on 6/01/07, 4:24 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: garnishment/repayment of vacation time taken

You asked about collection of vacation time.

Vacation time is generally earned when it is awarded and is considered income. In other words, if vacation time was awarded at the beginning of the year then it is immediately payable should the employee quit. If an employer wants to have an accrued vacation policy then that employer must establish a system where vacation time is accrued and not awarded until it is accrued.

this may not apply to your situation but is the general rule.

Regards,

Roger

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Answered on 6/01/07, 10:41 am


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