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About Shirley 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

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > unpaid vacation

Employment Law - unpaid vacation


Expert: Shirley McAllister, CPP, PHR - 7/6/2009

Question
Hi. I was terminated on June 3rd 2009 after working 1 1/2 years. They did not pay me my vacation pay I earned over the 1 1/2 years. It was 72 hours. They said it was in our compnay policy. I earned this over time is this true?

Answer
If they have a policy saying they do not pay out vacation upon termination than they do not have to pay it out.

Vacation pay is a fringe benefit, it is not required by law so the company may make their rules and policies on when it may or may not be used or paid. Check your handbook and vacation policy.

Most states go by company policy and do not regulate vacation. There are a couple of states that regulate accrued vacation, California is one.

Let me know in which state you work and I can let you know if the state has a vacation regulation or not.

Shirley

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