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Posted: 1/27/2011 7:40:24 AM EDT
Anyone here familiar with Oklahoma state law that requires employers to cut a check for unused vacation when an employee leaves a position with a company?

I have almost 70 hours of unused vacation and may be leaving this summer, but I've heard from a few people that I won't get paid for it...and others have said I would.

Link Posted: 1/27/2011 10:18:46 AM EDT
I think you're looking for Oklahoma Statutes Title 40. Sec. 165.3


§40-165.3. Termination of employee - Payment - Failure to pay.
A. Whenever an employee's employment terminates, the employer shall pay the employee's wages in full, less offsets and less any amount over which a bona fide disagreement exists, as defined by Section 165.1 of this title, at the next regular designated payday established for the pay period in which the work was performed either through the regular pay channels or by certified mail postmarked within the deadlines herein specified if requested by the employee, unless provided otherwise by a collective bargaining agreement that covers the employee.
B. If an employer fails to pay an employee wages as required under subsection A of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of two percent (2%) of the unpaid wages for each day upon which such failure shall continue after the day the wages were earned and due if the employer willfully withheld wages over which there was no bona fide disagreement; or in an amount equal to the unpaid wages, whichever is smaller; provided, however, that for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he thereafter shall have been adjudicated bankrupt upon such petition.


Go to this page, download Title 40, look on page 231 If you're really worried about your employer not paying you print that off and hand it to him with your two weeks notice and request for compensation of unused vacation time.
Link Posted: 1/27/2011 10:37:16 AM EDT
I dont believe there is any law that provides payment of vacation upon seperation. It's a benefit, they dont have to provide it to you. I have never been paid for unused sick or vacation upon seperation from any job, although I imagine some seperation packages may offer it. The quote above mine applies to unpaid wages, ie hours worked but unpaid. Vacation and sick leave does not count as wages, per the same document he linked to

UNEMPLOYED. An individual shall be deemed "unemployed" with respect to any week during which he performed no services and with respect to which no wages are payable to him, or with respect to any week of less than full time work if the wages payable to him with respect to such week are less than his weekly benefit amount plus One Hundred Dollars ($100.00); provided that for the purpose of this section only, any vacation leave payments or sick leave payments, which such individual may receive or be entitled to from his employer or former employer, arising by reason of separation from employment, shall be deemed not to be wages as the term wages is used in this section. Added by Laws 1980, c. 323, § 1-217, eff. July 1, 1980
Link Posted: 1/27/2011 10:39:47 AM EDT
Originally Posted By DrJester:
Anyone here familiar with Oklahoma state law that requires employers to cut a check for unused vacation when an employee leaves a position with a company?

I have almost 70 hours of unused vacation and may be leaving this summer, but I've heard from a few people that I won't get paid for it...and others have said I would.



Take your vacation, turn in your notice when you get backed. Only way to guarantee it, its gonna be the companies discretion on whether you get paid it, UNLESS, some companies provide vaca/holiday hours when working on holidays or OT. Instead of paying increased wages, they add hours to your bank of vaca etc. If thats the case, you would get paid I think.
Link Posted: 1/27/2011 4:09:42 PM EDT
[Last Edit: 1/27/2011 4:10:36 PM EDT by ar_daddy]
Originally Posted By bigfugly:
Originally Posted By DrJester:
Anyone here familiar with Oklahoma state law that requires employers to cut a check for unused vacation when an employee leaves a position with a company?

I have almost 70 hours of unused vacation and may be leaving this summer, but I've heard from a few people that I won't get paid for it...and others have said I would.



Take your vacation, turn in your notice when you get backed Only way to guarantee it, its gonna be the companies discretion on whether you get paid it, UNLESS, some companies provide vaca/holiday hours when working on holidays or OT. Instead of paying increased wages, they add hours to your bank of vaca etc. If thats the case, you would get paid I think.


That was what I was going to say , use it or lose it
Link Posted: 1/27/2011 6:29:00 PM EDT
The company I work for have a 160 hour attendance policy in place, I have reached 120 hours and cannot take vacation or else I'll be terminated.

Missed time was for sick and personal leave, and it added up quick. I suppose I could take a week and then quit if I do get something else lined up.

Posted Via AR15.Com Mobile
Link Posted: 1/27/2011 6:30:45 PM EDT
Originally Posted By bigfugly:
I dont believe there is any law that provides payment of vacation upon seperation. It's a benefit, they dont have to provide it to you. *snip*


that's what I was thinking.

some employer's pay unused vacation time like "severence pay" for providing a two week notice (most places usually walk you out the door soon as you turn in notice, but that's to keep you from causing any disharmony amongst other employees or sabotage) and some don't, but afaik it's not required they do so.

comp time (when you've worked ot etc and not paid for that time during the pay period, but allowed to take that time off during a later pay period) is a different story, under the fair labor standards act if you have comp time coming, then they have to pay you for that amount.

very few employer's pay for unused sick time, but it does occur, of the two company's I've worked for that offered sick time as a benifit/perk, both paid out the unused time at separation, and one even bought back half of it twice a year as a perk once you hit the max allowable cap(ie 104hrs earned, could sell back 52hrs).

Link Posted: 1/28/2011 4:38:49 AM EDT
[Last Edit: 1/28/2011 4:39:46 AM EDT by danc46]
Accrued benefits for the most part are payable on release from a company. They can deny those benefits such as accrued vacation if you don't use them i.e. you can't just keep saving vacation year after year.
My wife's employer allows them to accrue up to 6 weeks vacation. They don't use it, they lose it.
Sick leave can be accrued up to 6 months, no more.
The vacation is payable on separation but the sick leave isn't.
Same way in the last union job I had.
Same way at OU when I was employed there.
The state let you accrue one personal day per month of employment. It was for slck leave or vacation.
It was payable when I left.
If they have a written policy about accrued days being payable on separation, good for you!
Link Posted: 1/30/2011 6:36:40 AM EDT
Back in the 80's, I had to go to the Oklahoma Dept of Labor to force my former employer to pay me about 3 weeks of accrued vacation time when I quit a job in Tulsa. They had to schedule a "telephone hearing" with an administrative "judge" in Oklahoma City and my former employer in Tulsa. It took about 15 minutes on the phone to hear their side and my side of the case and then the "judge" told my former employer to cough-it-up.

Got paid, I doubt much has changed since then.
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