If I am terminated from a job in Ohio, can the employer refuse to pay me for unpaid leave balances?

If a person is terminated from a job in Ohio, and they have received their last paycheck, but the employer states they do no have to pay the remaining leave balances of personal, sick and vacation leave. Is this legal? I was under the impression that the leave balances are part of the employee's compensation package, which includes the salary, leave accrual, pension, etc. The employee has been approved for unemployment compensation and the Unemployment office has granted these benefits because they have determined that the employee was fired for unjust cause.

2 answers  |  asked Nov 16, 2009 10:44 AM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
I believe that Neil's answer is what I would generally state. Vacation and leave payouts are generally driven by the emp0loyer's policies or practices. There is no general statute in Ohio which governs this issue.

posted by Bruce Elfvin  |  Nov 16, 2009 12:07 PM [EST]
Neil Klingshirn
The answer to your question depends on your employer's policies regarding payment of unused personal, sick and vacation time. Generally speaking, Ohio courts will hold employers to their policies. So, if your employer had a policy of paying unused leave time to employees at the time of termination, then you may have a claim. If your employer did not have such a policy, then you may not have a claim.

Here is an article with more information:


posted by Neil Klingshirn  |  Nov 16, 2009 11:43 AM [EST]

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