|Should My Employer Pay Me for Unused Vacation Days When I Leave My Job?||
Last updated: August 2015
The following question was submitted to John Roska, a lawyer/writer whose weekly newspaper column, "Q&A: The Law," runs in the St. Louis Post-Dispatch (Illinois Edition) and the Champaign News Gazette. This column provides general information, and cannot be relied upon as legal advice.
I had 8 days of vacation coming when I recently changed jobs. My former boss paid me for the time I worked before leaving, but hasn’t paid anything for my vacation days. Don’t I get paid for my unused vacation? How do I get my money?
You should get paid for your unused vacation. If your old boss won’t agree to pay, you can file a wage claim with the Illinois Department of Labor.
Illinois law covers how employers are supposed to pay employees, along with things like what kinds of deductions an employer can make when you leave work.The law is very clear that you should be paid, even if you leave without using all of your vacation time.
No employment contract or policy can force you to give up your earned vacation time if you leave. This means that a contract or policy which states that you lose your vacation time if you quit or are fired is illegal. You must still get paid even if your contract or policy says otherwise.
However, it is not illegal for a contract or policy to state that you will lose your vacation time if you don't use it by a certain date. In this case your employer must provide you with a reasonable opportunity to take the vacation. Your employer must also show that you are aware of this policy.
This law also applies to “paid time off,” where employees earn days they can take off as either sick or vacation days. The law does NOT apply to sick time, where you really have to be sick to take the time off. Unless your employment contract specifically says you get paid or will receive some kind of credit for unused sick time, you simply lose it when you leave.
The law does not require your job to give vacation time at all. But, if your employer does provide paid vacation, he must keep yearly records of how much time you earned and used.
If your old employer won’t pay for unused vacation time, file a wage claim with the state Department of Labor, who's responsible for investigating and deciding claims. Call 312-793-2808 to get their 3-page claim form (no toll-free number, unfortunately). The process starts officially when you return the completed form.
Claims for vacation must be filed with the Illinois Department of Labor within 3 years from the date the vacation is earned.
The Department of Labor gets your story, the employer’s story, and holds a hearing if they can’t resolve it informally. The hearing officer can order the employer to pay you what you’re owed. If the employer argues against the claim, the whole process can take at least 4 months.
Finally, it’s worth noting that there are only 2 ways an employer can make deductions from a final paycheck:
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