Indiana Law: Employer owing you vacation pay

[jontheturboguy]

Ok guys and gals.
Need some help.
Current, about to be EX employer, owes me sick days and vacation days.
Im putting my two weeks notice in soon.
What is Indiana law concerning Vacation / Sick day back pay?
I don't want to get screwed out of this earned time.
Thanks in advance.

 

[wolfman]

When I was a supervisor, if an employee turned in notice and quit, company policy was that he or she was not entitled to any pay for un used sick or vacation days. As far as I know, there is no law covering either, as offering sick days and or vacation is not required of an employer. If you really want paid for the days, figure out a way to get the check in your hand before turning in your 2 weeks or you probably will not get the money, unless this is covered, in writing, in a contract, or employment agreement.

 

[Big John]

Welcome to a Right to work state.

You are entitled to nothing.

 

[Paco Bedejo]

Is there not anything to the argument, which I've heard, that if you accrue the time weekly & it's listed on your pay stub, you're owed pay for that time?

I wouldn't be surprised either way...

 

[Bigum1969]

It depends on the HR policies at the company. You should've received a manual when you were hired.

 

[waloidian]

call the DOL to be sure...

edit: here is the best answer I could find on the IN DOL FAQ:

When I leave my employment, is my former employer required to pay me for any accrued vacation time?

Answer Yes. Accrued vacation pay is considered a form of compensation. Upon leaving employment, vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination.
However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay. These policies are at the discretion of the employer, but must be presented to the employee in writing prior to the ending of employment.

IN.gov: Frequently Asked Questions

 

[Paco Bedejo]

call the DOL to be sure...

edit: here is the best answer I could find on the IN DOL FAQ:

When I leave my employment, is my former employer required to pay me for any accrued vacation time?

Answer Yes. Accrued vacation pay is considered a form of compensation. Upon leaving employment, vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination.
However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay. These policies are at the discretion of the employer, but must be presented to the employee in writing prior to the ending of employment.
Indiana Department of Labor

for doin' the research!

 

[melensdad]

Welcome to a Right to work state.

You are entitled to nothing.

Actually that is not true. He is entitled, legally, to everything that his employer has provided to other employees as outlined EITHER in the company HR/work rules OR has done traditionally in practice even if not written down in work rules and in EVERY case must comply with the law. ACCRUED time off is due the employee. There is a fine line between ACCRUED and unaccrued time off, often based on the wording of the formal work rules, but it is very rare that I have seen cases where that fine line is crossed and most times the employee is due the vacation days and may be due the sick days.

 

[fire1035]

Indiana is not a right to work state. Indiana is an employment at will state. There is a difference. The nice thing about an employment at will state is that you can quit whenever you want for any reason, a 2 week notice is merely a courtesy to your employer. The downside of a right to work state is your employer has the same right. If they don't like the way you've styled your hair that day they can fire you. Obviously there are some exceptions to this rule, firing based on gender, religion, ethnicity etc are not allowed.

If only we were a right to work state, I could get out of my union and not be forced to pay dues to them anyway.

 

[Indy_Guy_77]

I hope you get your vacation paid to you!

When I separated service from the State a few years ago, they paid my vacation but not sick time or personal time.

When I re-joined State employment after a year, my balance of sick and personal time was still there for me...able to be used immediately without any probation time.

 

[Indecision]

I would use what you know you can before putting in your notice. Win.

 

[Thumper]

I hope you get your vacation paid to you!

When I separated service from the State a few years ago, they paid my vacation but not sick time or personal time.

When I re-joined State employment after a year, my balance of sick and personal time was still there for me...able to be used immediately without any probation time.

I am curious who you worked for.Do you have
perf?We only get $25 a day for sick time and nothing for personal or vacation time.

 

[SC_Shooter]

Most companies will pay earned but not used vacation time, but not accrued vacation, sick or personal time. The basic difference between earned and accrued vacation is that you could take one of them now, but not the other.

For instance, if you company gives 12 days (I'm trying to keep the math easy here) each year as of your anniversary date, you basically accrue one day per month. You can't take any of them, but they are accruing. When you hit your anniversary date, you have then 'earned' those accrued days and can take them.

All that said, it really comes down to the combination of your company's policies and prior practice. I've been on the employer's side of a couple of wage claims and we won both. "Won" means that we did not owe for the accrued, but not yet earned time. We had already paid all the earned but not used vacation.

I can't speak to whether your employer is required to pay vacation at all, as our policy was to do it and it was never an issue in our cases.

I highly recommend finding out how payouts have been handled in the past.

Good luck!

 

[dsol]

Use it up before you go if they will not pay it out after you leave.

 

[rich8483]

Use it up before you go if they will not pay it out after you leave.

this only works if he doesnt already have a job lined up where he needs to leave ontime

 

[Indy_Guy_77]

I am curious who you worked for.Do you have
perf?We only get $25 a day for sick time and nothing for personal or vacation time.

I worked for INDOT. I was on PERF, yes. I don't think there's a way NOT to be. I was paid at my hourly rate for my remaining vacation time.

 

[Chefcook]

I would strongly recommend using your vacation days before you give notice....

 

[2ADMNLOVER]

This should really be a no brainer , USE the time and don't even give them a chance to screw you out of it .

 

[Bull]

Indiana is not a right to work state. Indiana is an employment at will state. There is a difference. The nice thing about an employment at will state is that you can quit whenever you want for any reason, a 2 week notice is merely a courtesy to your employer. The downside of a right to work state is your employer has the same right. If they don't like the way you've styled your hair that day they can fire you. Obviously there are some exceptions to this rule, firing based on gender, religion, ethnicity etc are not allowed.

If only we were a right to work state, I could get out of my union and not be forced to pay dues to them anyway.

The ability for an employer to fire you at anytime is due to Indiana being a at will state and don’t have anything to do with right to work. The down sides to right to work are many.
If you are unhappy with your union you have options, change it or opt out with the Beck decision.

 

[jontheturboguy]

I would strongly recommend using your vacation days before you give notice....

I can't. All vacation/raises/bonuses/holidays have been suspended.

So, this is why Im asking LEGALLY do I have a leg to stand on to tell these jokers YOU OWE ME $XXXXX when I leave.