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Alabama
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In Alabama, employers are not required to provide employees with vacation benefits,
either paid or unpaid. AL Dept. of Labor FAQ. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See Amoco Fabrics and Fibers Co. v. Hilson, 669 So.2d 832 (Ala. Sup. Ct. 1995); ISS
International Service Systems v. Alabama Motor Express, 686 So.2d 1184 (Ala. App.
1996).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. AL Dept. of
Labor FAQ.
An employer may lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
are terminated. AL Dept. of Labor FAQ.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
fail to comply with specific requirements, such as giving two weeks notice or being
employed as of a specific date of the year. See ISS International Service Systems v.
Alabama Motor Express, 686 So.2d 1184 (Ala. App. 1996).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. AL Dept. of Labor FAQ.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter, unless the employer has established a practice of doing so. AL Dept. of Labor
FAQ.
Alabama’s Legislature and its courts are silent regarding whether an employer may
lawfully cap the amount of leave an employee may accrue, although based on the
contractual emphasis placed on vacation leave policies in Alabama, such caps are likely
lawful. AL Dept. of Labor FAQ.
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it.
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Alaska
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In Alaska, employers are not required to provide employees with vacation benefits, either
paid or unpaid. Alaska DOL Wage & Hour Information. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. Alaska DOL Wage & Hour Information.
In Alaska, an employer must pay an employee for accrued vacation leave upon
separation from employment if its policy or contract provides for such payment. Alaska
DOL Wage & Hour Information. Alaska’s Legislature and its courts are silent regarding
any obligation an employer may have regarding payment of accrued vacation leave upon
separation from employment if the policy or contract is silent on the matter.
Due to the lack of clarification by Alaska’s authorities on the matter of vacation leave and
the emphasis on the contractual nature of an agreement to provide vacation leave, it is
likely employer’s are free to establish the vacation leave policy of their choosing,
including policies providing for forfeiture of accrued leave upon separation from
employment. Alaska DOL Wage & Hour Information.
An employer would likely be free to implement a policy or enter into a contract that caps
the amount of vacation leave an employee can accumulate over time. Alaska DOL Wage
& Hour Information.
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. Alaska DOL Wage & Hour
Information.
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Arizona
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In Arizona, an employer is not required to provide its employees with vacation benefits,
either paid or unpaid. See the AZ Industrial Commission's pamphlet, “The State of
Arizona's Labor Law: Your Wages and Working.” If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract.provide vacation benefits, it must comply with the terms of its established policy
or employment contract. See A.R.S. § 23-350(5).
The Arizona Attorney General has recognized that employer’s may lawfully implement a
“use-it-or-lose-it” leave policy requiring employees to use vacation by a set date or lose
it, so long as employees have a reasonable opportunity to use the leave. AZ Atty.
General Op. I80-120.
An employer would also likely be free to implement a policy or enter into a contract that
caps the amount of vacation leave an employee can accumulate over time.
Neither Arizona’s Legislature nor its courts have given any significant guidance
regarding an employer’s ability to deny or restrict the payment of accrued vacation upon
separation from employment. They are silent regarding whether an employer may:
- establish a policy or enter into a contract where it refuses to pay accrued or
earned vacation upon separation from employment,
- refuse to pay an employee accrued vacation upon separation from employment
when the policy does not address whether accrued vacation will be paid upon
separation from employment,
- deny an employee payment of accrued or earned vacation leave upon
separation from employment if the employee fails to meet certain standards,
such as failing to give timely notice of resignation or being terminated for cause.
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Arkansas
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In Arkansas, employers are not required to provide employees with vacation benefits,
either paid or unpaid. AK Dept. of Labor Facts. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4
1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation
upon separation from employment, the employer must comply with the terms of the policy
or contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark.
App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation
upon separation from employment, the employer must comply with the terms of the policy
or contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark.
App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
Neither Arkansas’ Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
- establish a policy or enter into a contract denying employees payment for
accrued vacation leave upon separation from employment,
- deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter,
- require an employee to comply with specific requirements to qualify for payment
of vacation leave upon separation from employment, such as giving two weeks
notice or being employed as of a specific date of the year,
- cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a
set date or lose it.
Although Arkansas’ authorities are silent regarding many vacation policy issues, based
on the contractual emphasis Arkansas courts have placed on vacation policies, an
employer is likely free to implement the vacation policy of its choosing, including policies
that deny or limit payment of accrued vacation upon separation from employment. An
employer would be required to comply with the terms of its policy or contract. See St.
Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4 1997); Oil
Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
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California
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In California, employers are not required to provide employees with vacation benefits,
either paid or unpaid. CA Dept. of Industrial Relations Benefits FAQ. If an employer
chooses to provide such benefits, it must comply with the terms of its established policy
or employment contract.
If an employer chooses to have an established policy, practice, or agreement to provide
paid vacation, certain restrictions are placed on it regarding how it fulfills its obligation to
provide vacation pay. Employers must pay employees for all accrued or earned vacation
upon separation from employment, regardless of the reason for the separation. CA Dept.
of Industrial Relations Vacation FAQ.
An employer can place a reasonable cap on vacation leave preventing an employee from
accruing or earning vacation over a certain number of hours. CA Dept. of Industrial
Relations Vacation FAQ.
When an employment relationship ends, all vacation earned but not yet taken by the
employee must be paid at the time of termination. Cal. Labor Code §227.3.
It is illegal in California for an employer to implement a “use-it-or-lose-it” policy requiring
employees to use accrued vacation prior a set date or lose it. CA Dept. of Industrial
Relations Vacation FAQ.
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Colorado
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In Colorado, an employer is not required to provide its employees with vacation benefits,
either paid or unpaid. See Colo. Rev. Stat. § 8-4-101(8)(a)(III) (at page 209); CO Div. of
Labor Advisory Bulletin 5(I). If an employer chooses to provide such benefits, it must
comply with the terms of its established policy or employment contract. Colo. Rev. Stat.
§ 8-4-101(8)(a)(III).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Thompson
v. Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
An employer may lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
are terminated. See Thompson v. Cheyenne Mountain School Dist. No. 12, 844 P.2d
1235 (Colo. App. 1992).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
fail to comply with specific requirements, such as giving two weeks notice or being
employed as of a specific date of the year. See Thompson v. Cheyenne Mountain
School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. CO Wage Act § 8-4-101; See Thompson
v. Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
The Colorado Supreme Court has declined to determine whether an employer is liable to
pay employees for accrued vacation upon separation from employment when the policy
or contract is silent on the issue. See Cheyenne Mountain School District #12 v.
Thompson, 861 P.2d 711 (Colo. Sup. Ct. 1993). Thus, it is unclear whether an employer
would be liable to pay for accrued or earned vacation to an employee upon separation
from employment when the policy or contract does not specifically address the matter.
An employer may lawfully cap the amount of leave an employee may accrue over time.
See Cheyenne Mountain School District #12 v. Thompson, 861 P.2d 711 (Colo. Sup. Ct.
1993).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Thompson v. Cheyenne
Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
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Connecticut
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In Connecticut, an employer is not required to provide its employees with vacation
benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must
comply with the terms of its established policy or employment contract. See Conn.
Statutes, Ch. 558, Sec.31-76k; Gagnon v. Housatonic Valley Tourism Dist. Comm., 888
A.2d 104, 92 Conn. App. 835 (2006); Santengelo v. Elite Beverage, Inc., 783 A.2d 500,
65 Conn. App. 618 (2001); Fulco v. The Norwich Roman Catholic Diocesan Corp., 609
A.2d 1034, 27 Conn. App. 800 (1992).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Santengelo
v. Elite Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
An employer may lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
are terminated. See Santengelo v. Elite Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618
(2001).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
fail to comply with specific requirements, such as giving two weeks notice or being
employed as of a specific date of the year. See Santengelo v. Elite Beverage, Inc., 783
A.2d 500, 65 Conn. App. 618 (2001).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. Conn. Statutes, Ch. 558, Sec.31-76k.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter, unless the employer has established a practice of doing so. Santengelo v. Elite
Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001)
An employer may lawfully cap the amount of leave an employee may accrue over time.
See Santengelo v. Elite Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Santengelo v. Elite Beverage,
Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
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Delaware
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In Delaware, employers are not required to provide employees with vacation benefits,
either paid or unpaid. See 19 Del.C. § 1109; Willey v. Beneficial Corp., 1986 Del. Super.
LEXIS 1072 (1986); Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS
1194 (1985). If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See 19 Del.C. §
1109; Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
are terminated. See Lloyd v. Wilmington Savings Fund Society, 1985 Del. Super. LEXIS
1194 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
fail to comply with specific requirements, such as giving two weeks notice or being
employed as of a specific date of the year. See Lloyd v. Wilmington Savings Fund
Society, 1985 Del. Super. LEXIS 1194 (1985).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See 19 Del.C. § 1109.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter, unless the employer has established a practice of doing so. Santengelo v. Elite
Beverage, Inc., 783 A.2d 500, 65 Conn. App. 618 (2001).
An employer may lawfully cap the amount of leave an employee may accrue over time.
See Hullinger v. Corrin, 1987 Del. C.P. LEXIS 6 (1987); Willey v. Beneficial Corp., 1986
Del. Super. LEXIS 1072 (1986).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See 19 Del.C. § 1109; Lloyd v.
Wilmington Savings Fund Society, 1985 Del. Super. LEXIS 1194 (1985).
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Florida
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Florida has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid. Florida’s Legislature and its courts are silent regarding any
obligation an employer may have regarding vacation leave, including whether an
employer must pay an employee accrued vacation leave upon separation from
employment. Due to the silence of Florida authorities on the matter of vacation leave, it is
likely employers are free to establish the vacation leave policy of their choosing. An
employer would be required to comply with the terms of a valid employment contract
containing vacation leave provisions.
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Georgia
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In Georgia, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply
with the terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Shannon v.
Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
are terminated. See Ryvos v. St. Mary’s Hospital, 393 S.E.2d 739, 195 Ga. App. 474
(1990); Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they
fail to comply with specific requirements, such as giving two weeks notice or being
employed as of a specific date of the year. See Amoco Fabrics & Fibers Co. v. Ray,
510 S.E.2d 591, 235 Ga. App. 821 (1998).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Shannon v. Huntley’s Jiffy Store, Inc.,
329 S.E.2d 208, 174 Ga. App. 125 (1985).
Georgia’s Legislature and its courts are silent regarding whether an employer must pay
an employee for accrued vacation upon separation from employment if the policy or
contract is silent regarding the matter. However, because of the contractual emphasis
Georgia courts place on vacation policies, it is unlikely an employer would be obligated to
pay an employee accrued vacation upon separation from employment if its policy or
contract is silent regarding the matter, unless the employer has a practice of doing so.
Although Georgia’s Legislature and its courts are silent regarding the matter, it is likely an
employer may cap the amount of vacation leave an employee may accrue over time. See
Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Shannon v. Huntley’s Jiffy
Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
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