If an employer provides a method through which employees can earn vacation pay, sometimes referred to as Paid Time Off or “PTO”, an employee must receive either their vacation time or compensation in lieu of their vacation time once vested. In other words, “use it or lose it” policies are often times unlawful. Once vested, vacation benefits are treated the same as unpaid wages in the eyes of the law.

It is always recommended that you consult with an attorney competent in these areas in order to determine the merits of your case.