If I resign, can I collect for accrued but unpaid vacation?

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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P.S.: When leaving employment – for any reason – ALWAYS ask to be paid for Accrued But Unused Vacation. Use our “Model Letter Requesting Payment for Accrued but Unused Vacation – with 12 Great Reasons.” It shows you “What to  Say and How to Say It.”™ To get your copy, just [click here.] Delivered by Email – Instantly!

Best, Al Sklover

© 2009 Alan L. Sklover. Commercial uses prohibited. All rights reserved and strictly enforced.

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