North Carolina vacation pay laws do not require an employer to provide you with either paid or unpaid vacation time. However, if an employer does have an established policy to provide paid vacation, then that employer has specific responsibilities in executing that policy. If you believe your rights have been violated, contact an unpaid vacation time lawyer today.
About PTO
Some employers combine vacation and sick leave plans into a “paid time off” (PTO) policy. Typically, employer policy governs paid days in the same way as vacation policies. Whenever the employment relationship ends, if you have not used all of your earned and accrued vacation or “paid time off,” the employer must pay you at your final rate of pay for all of your earned and accrued unused days. Discussing this with a vacation time lawyer may provide clarity.
If your employer provides vacation pay or PTO, it must have a written policy that clearly explains how employees earn and lose that time. North Carolina vacation pay laws consider vacation time or PTO as wages and classify the time off as labor. Not paying an employee their wages can significantly impact their family’s well-being. Therefore, employees who have unlawfully had their vacation pay or PTO withheld may be entitled to liquidated damages (“double damages”). Consulting with a vacation time lawyer may help in seeking these damages.
Vacation Pay Accrual
Vacation pay accrues as it is earned and should not be forfeited. Even upon termination of employment, an employer’s policy has to have provisions in advance that contradict the standard policy. Unlike “sick pay,” the North Carolina Department of Labor says employers must distribute vacation pay upon termination unless the employee agreed to forfeit vacation time beforehand. Further, an employer pays out unused vacation time to the employee at their final pay rate. A vacation time lawyer can guide you through these stipulations.
Employers can restrict vacation benefits that prevent you from earning vacation over a certain amount of hours. Further, employers can establish specific periods when employees do not earn PTO at the beginning of employment. Unlike some states, employer policy can even assert that employees forfeit unused vacation hours at the end of the year.
Representation for Unpaid Wages
Similar to commissions and bonuses, the law considers vacation pay or PTO as wages. If you believe your vacation pay has not been paid out, contact our experienced unpaid wages attorneys. Our firm handles wage cases contingently, meaning you don’t pay unless we win. Maginnis Howard handles such cases throughout North Carolina from our offices in Raleigh, Fayetteville, and Charlotte. Contact us today for a free consultation.
