Can My Employer Deny Me My Accrued But Unused Vacation or Sick Pay If I Am Terminated?
In Connecticut, generally not. Section 31-76k of the Connecticut General Statutes entitles employees to be paid their accrued fringe benefits, including but not limited to paid vacations, holidays, sick days, and earned leave, if there is an employer policy or collective bargaining agreement that provides for the payment of such benefits upon termination.
This statute means that if your employer has a written policy that says they will pay your accrued benefits on termination, then they must. If they don’t, then they need not.
If your employer has failed to pay these benefits despite the existence such a policy, then you should write a letter referring to the policy and asking to be paid, and asking, if they won’t, why not. If they don’t pay, then give us a call. A lawsuit for these benefits, if successful, can result in double damages for you and attorneys fees and costs for us.
Contact the Hayber, McKenna & Dinsmore, LLC for more information or to submit a question.