Vacation Pay

FOR VACATION... This is directly from the US DOL
"The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee's representative). "

There's not much you can do unless you have proof of the company policy regarding vacation pay or the "pink slip" that was provided to him upon termination stating he would be paid. IF you have that information, than contact the FL Dept. of Labor. Also, if he is collecting unemployment and was denied 2 weeks of benefits because he was going to be collecting vacation pay, then you should contact the unemployment dept. to receive benefits for those 2 weeks.

FOR THE UNPAID 2 DAYS ...
What is a payroll week, usually Sun thru Sat? What days did he miss? What was the last day worked? You should contact the FL Dept. of Labor with this information and ask for their assistance.

I don't know the labor laws in Florida. Contact your local labor board or your local unemployment office for more information..

make sure your husband has his offer letter and any and all documentation from the company regarding vacation payouts at termination as well as the policy of payroll...

GOOD LUCK!!

I do payroll, love the responses but you actually didn't give enough information. So far the vacation goes, he is not entitled to a day of it. We pay out what is earned but you didn't give me enough information to tell that, Depending on how they structure vacation he most likely had the time available but not earned. In other words it was there to take on the assumption that he would work the full calendar year.

When we terminate and employee or they quit we determine what earned time off was earned. If they have taken more time than earned in the calendar year we dock their pay earned for that pay period.

So far as the two days I would assume he had no time earned for vacation so they did not pay him for those days.

Here is the deal, if you push the issue and he owed more vacation time they can come after you for that so know what is going on before you raise a stink. I know when employees get on us we are not nice about it because it is annoying. On the other hand we have handbooks so there is no reason not to know your rights. It doesn't sound like you have one. Oh, we haven't fired or laid off anyone in four years so we are dealing with people that quit so not quite your financial shape.

If he had accrued vacation, it should have been paid to him on the day he was laid off (or if he was fired, then I believe the employer has 3 days to pay it). Go to the labor board in your state. Companies can face huge fines for not paying employees in a timely fashion, and your husband may in fact be owed more than just his vacation time at this point, since he hasn't been paid in a timely fashion.

He is entitled to all of that money. If I were him I would go to the past employer and demand my money now. Most employers will give all the pay on the last pay check.

Call the NLRB and ask.

Check your state. In Texas if I lay off or terminate an employee I have 6 days to give them their check. If they leave then I can wait until the next pay period.

Companies generally follow two ways with vacaction. Accurral and bucket. Accurral is you accrue a day a month which would be 12 days, for example. Bucket is you are given 12 days on January 1. If the vacation method is accurral at your husband's company he is entitled to only the days he accurred nothing more. However, if it is bucket and he was given the days at the first of the year, he is entitled to those days.

I'm not sure about the two days that he missed and why. That I can't answer.

Two words, "Labor Board." Contact them and let them do the footwork to get him his owed money.

In CA money owed is due at time of leaving the job, but I did receive my vacation pay about 2 weeks later in the mail.

God bless.