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Unused Vacation TIme Arizona

I was recently terminated from my job of 22 months without reason. I have 55.50 hours of unused vacation time that I believe I am owed. I am researching but find different answers from different websites. Are you familar with Arizona? Should I get my vacation hours?

1 answer  |  asked Mar 17, 2005 1:10 PM [EST] in Employment Law  |  applies to Arizona

Answers (1)

Francis Fanning
Vacation pay is governed by employer's policy

Your question seems to assume that Arizona law dictates whether earned but unused vacation pay is or is not owed to a departing employee. The law is not that specific. Arizona's wage statute defines wages to include vacation pay "when the employer has a policy or a practice of making such payments." This means that the employer's policy governs the issue. Some employers have a policy that unused vacation cannot accumulate beyond a certain number of hours or a certain time limit, and can be forfeited if not used. Some treat accrued vacation as earned pay which is paid eventually regardless of whether it is taken as vacation or not. Some pay accrued unused vacation upon termination only if the employee gives notice before leaving. Some have a policy that it is paid only if the termination is voluntary. Some consider it simply lost if not used during a person's time with the employer. The answer to your question turns upon what your employer's policy is. If there is no written policy, the employer's past practice is evidence of its policy. I hope this explains the apparently conflicting information you have found in your search for a simple answer.

posted by Francis Fanning  |  Mar 17, 2005 5:17 PM [EST]