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What Would You Do?: Must vacation time be paid out at separation?: Answer

Solution: Federal law does not require offering or paying out unused vacation time. Some states, however, consider accrued vacation time to be a wage that employers must pay out upon employment separation, so be sure to check the rules in the states where you operate.

Otherwise, employers that choose to offer vacation time may do so in accordance with the terms and conditions of their company policy (or past practices), including whether to pay out unused time when employees resign or are terminated.