Legal Question in Employment Law in Virginia

lay off vacation pay

the company i was employed with decided to close the location i managed. i had been with them for seven years. As part of our severence package i received severance, retention and all unused beneifit time. when i got the actual check they had only paid 34 hours of rollover vacation time. as of januarny 1 i accrued 120 hours and had 34 rollover. the benifits department informed me thay only had to pay rollover and not what was accrued, because i had not worked until march 1st. My last day of work was feburary 28th. My question is: can they withhold the benifit because i was not able to work till march 1st? Should'nt they have to pay 154 hours that my vacation statment said i had?


Asked on 3/30/06, 12:11 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: lay off vacation pay

Under Virginia labor and employment law, employers are under no obligation to provide employees with paid vacation time nor to pay for such time in lieu of the employee having taking such paid leave.

Consequently, the answer to your question must necessarily be in the negative.

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Answered on 3/30/06, 5:34 pm


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