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Q: Vacation Pay in DC ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Vacation Pay in DC
Category: Business and Money > Employment
Asked by: danielgoff-ga
List Price: $10.00
Posted: 19 Sep 2005 06:46 PDT
Expires: 19 Oct 2005 06:46 PDT
Question ID: 569640
I quit a job and had 10 vacation days owed to me, but the company said
that I either use them or lose them.  I think I'm entitled to be paid
the cash value of those vacation days. I reside in DC, and the job was
also in DC.  Is there a local or a national law on this issue?
Answer  
Subject: Re: Vacation Pay in DC
Answered By: nenna-ga on 19 Sep 2005 07:40 PDT
Rated:5 out of 5 stars
 
Good morning danielgoff and thank you for your question.  To get
straight to the point...

"Some states, including California, Illinois, Iowa, Louisiana, Maine,
Massachusetts, North Carolina, Oregon, Rhode Island and Tennessee,
require payment of accrued vacation time when employment ends."

Source:  FindLaw
( http://smallbusiness.findlaw.com/employment-employer/employment-employer-benefits/employment-employer-benefits-vacation-sick.html
)

The District of Columbia is not one of the states that require it. 
Unless your employment contract or employee handbook clearly states
they WILL reimburse you for unused vacation days, I am afraid you will
not get any monetary compensation.

In the District of Columbia, labor & Employment laws cover:

1.  EQUAL EMPLOYMENT OPPORTUNITY:  Employers Holding Federal Contracts
or Subcontracts Applicants to and employees of companies with a
Federal government contract or subcontract are protected under the
following Federal authorities: RACE, COLOR, RELIGION, SEX, NATIONAL
ORIGIN

2.  INDIVIDUALS WITH DISABILITIES:  Section 503 of the Rehabilitation
Act of 1973, as amended, prohibits job discrimination because of
disability and requires affirmative action to employ and advance in
employment qualified individuals with disabilities who, with
reasonable accommodation, can perform the essential functions of a
job.

3.  FEDERAL MINIMUM WAGE:  Employees under 20 years of age may be paid
$4.25 per hour during their first 90 consecutive calendar days of
employment with an employer. Certain full-time students, student
learners, apprentices, and workers with disabilities may be paid less
than the minimum wage under special certificates issued by the
Department of Labor.

4.  EMPLOYEE POLYGRAPH:  The Employee Polygraph Protection Act
prohibits most private employers from using lie detector tests either
for pre-employment screening or during the course of employment. 
Employers are generally prohibited from requiring or requesting any
employee or job applicant to take a lie detector test, and from
discharging, disciplining, or discriminating against an employee or
prospective employee for refusing to take a test or for exercising
other rights under the Act.

5.  OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (OSH Act), P.L. 91-596,
assures safe and healthful working conditions for working men and
women throughout the Nation. The Occupational Safety and Health
Administration, in the U.S. Department of Labor, has the primary
responsibility for administering the OSH Act.

6.  UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT ACT OF 1994
(USERRA):  USERRA protects the job rights of individuals who
voluntarily or involuntarily leave employment positions to undertake
military service. USERRA also prohibits employers from discriminating
against past and present members of the uniformed services, and
applicants to the uniformed services.

7.  FAMILY AND MEDICAL LEAVE ACT OF 1993:  FMLA requires covered
employers to provide up to 12 weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. 
Employees are eligible if they have worked for a covered employer for
at least one year, and for 1,250 hours over the previous 12 months,
and if there are at least 50 employees within 75 miles. The FMLA
permits employees to take leave on an intermittent basis or to work a
reduced schedule under certain circumstances.



If you have any objections to your previous employers policy regarding
unpaid vacation days, you can contact:

Calvin Holloway
Freedom of Information Act Officer
Office of Labor Relations and Collective Bargaining
441 4th Street, NW, Suite 820 North
Washington, DC 20001

calvin.holloway@dc.gov

Phone: (202) 724-4953
Fax: (202) 727-6887

I hope this answers your question.  If you need any further
clarification before rating, please do not hesitate to ask!

Nenna-GA
Google Researcher

Sources:

Labor Law Talk
( http://www.laborlawtalk.com/forumdisplay.php?f=1 )

Legal Information Institute
( http://www.law.cornell.edu/topics/state_statutes3.html )

Google Search Terms:

District of Columbia Employment Laws

 ( ://www.google.com/search?hl=en&lr=&q=district+of+columbia+employment+laws )

Request for Answer Clarification by danielgoff-ga on 20 Sep 2005 09:21 PDT
This says "some states, including..." but does not specifically
discount DC.  Are you sure that DC is not one of them?

Clarification of Answer by nenna-ga on 20 Sep 2005 11:42 PDT
To view the District of Columbia Labor Law in full, please go to:

( http://www.law.cornell.edu/topics/Table_Labor.htm )

Click on District of Columbia on table listed.  Once redirected to the
appropriate page, click on the drop down table on the left hand side
of the page and choose "Division V Local Business Affairs".  Under
this table, choose "Title 32 Labor".  This section discusses the labor
laws of the District of Columbia in detail.

If you do a search for "vacation", you will see all DC Code which
apply to the term "vacation".  Reading through them you will see that
there is no code or law applying to repayment of unused vacation.

After researching the DC Labor code on my own, I am of the firm
opinion that there is no law requiring a DC employer to reimburse you
for unpaid vacation.  However, I am not a lawyer ? just a researcher. 
If you are unsure of my answer, please consult with a lawyer who
specializes in employment & labor law or contact the Office of Labor
Relations at:

441 4th Street, NW, Suite 820 North
Washington, DC 20001 
Phone:     (202) 724-4953 
Fax:     (202) 727-6887 



Regards,

Nenna-GA
danielgoff-ga rated this answer:5 out of 5 stars
thanks for the help!

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