AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question QUESTION: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO WEEKS ACCURED VACATION PAY. THE NEXT DAY THE CONTROLLER REFUSED TO PAY ME MY VACATION PAY STATING THAT THERE POLICY STATES IF YOU DON'T USE YOUR VACATION BY JUNE 30TH (FISCAL YEAR END) YOU LOSE IT. WELL IN APRIL THE BUDGET MANAGER RESIGNED AND THEY MOVED ME INTO THE POSITION STATING THAT I COULD NOT TAKE ANY VACATION TIME CURRENTLY BECAUSE BUDGETS NEEDED TO BE DONE BY JUNE 30TH. I TALKED TO THE CEO ABOUT MY UNUSED VACATION TIME BEFORE JUNE 30TH AND HE STATED THAT I COULD USE IT BEFORE SEPTEMBER 30TH. NOW I'M LAID OFF AND NOT RECEIVING MY VACATION PAY ALSO IF THEY WOULD HAVE LAID ME OFF ON JUNE 30TH THEY WOULD HAVE HAD TO PAY MY VACATION PAY OUT. PLEASE LET ME KNOW IF I SHOULD GO AFTER MY VACATION PAY?
THANK YOU,
JENNIFER
ANSWER: In most states vacation pay is not required to be paid. It is between the employee and the employer and it goes on company policy. If the company policy says you lose it if not used by June 30th no matter the reason you will most likely not be able to collect it.
Let me know in which state you live and I will let you know what their rules are on vacation pay.
You should go down and sign up for unemployment.
Shirley
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QUESTION: I LIVE IN ILLINOIS
Answer Illinois says that the company can have a use it or lose it policy. It also says that accrued days are to be paid upon termination.
In your case if the company has a use it or lose it policy but they have not given you a reasonable chance to use the vacation time than you may be able to file a claim with the Illinois Department of Labor for unpaid accrued vacation pay.
From the Illinois Department of Labor website Q/A section:
If I quit or am fired, am I entitled to payment for my unused accrued vacation time?
Yes. A former employee has a claim under the Act for the collection of the monetary equivalent of his/her vacation time earned in accordance with an employment contract, agreement or policy. For more information, click here. 820 ILCS 115/5 and 56 Ill. Adm. Code 300.520.
You can contact the Illionis Department of Labor at:
Chicago Office
160 N. LaSalle Street
Suite C-1300
Chicago, IL 60601
Phone: 312-793-2800
Fax: 312-793-5257
Springfield Office
1 W. Old State Capitol Plaza
Room 300
Springfield, IL 62701
Phone: 217-782-6206
Fax: 217-782-0596
Marion Office
2309 W. Main Street
Suite 115
Marion, IL 62959
Phone: 618-993-7090
Fax: 618-993-7258
Contact the closest office listed above and tell them what you have told me and they will help you with a claim. You also need to sign up for unemployment and they can help you with that.
