If I resign, can I collect for accrued but unpaid vacation?
Published on March 28th, 2008 by Alan Sklover
Question: I live in Texas. If I have earned two weeks vacation, and haven’t used it, if I resign can I collect it from my employer?
CampGround Keeper
Amarillo, Texas
Answer: Two attorneys from your neck of the woods tell me the same information: It depends if your employer says it will pay employees who resign, in writing, or if your employer has paid other people in the past. If either of those things are “Yes,” then you’re in good shape.
(1) First, if your employer has a written policy (for example, written in an employee handbook or in a company policy manual, or on a company website) that says you will be paid for accrued but unused vacation time when you leave, then you are entitled to it.
(2) Second, if your employer has in the past paid other people who left their accrued but unused vacation days, then they have to do the same for you. That’s what we call a “course of conduct.”
You might ask your company’s Head of HR these questions, but BY ALL MEANS, ASK BY WAY OF AN EMAIL. That’s probably best and easiest way to start.
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Best, Al Sklover
© 2009 Alan L. Sklover. Commercial uses prohibited. All rights reserved and strictly enforced.
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