Must an employer provide or pay for an employee for vacation, holiday, sick, or severance pay?
Must an employer provide or pay for an employee for vacation, holiday, sick, or severance pay? The law does not require any employer to provide fringe benefits of any kind, such as vacation, holiday, sick pay, severance pay, and retirement benefits. If the employer agrees to provide such benefits, and the employee performs work in reliance on that promise, the employee may be entitled to the benefits as a matter of contract law, and may file a private lawsuit in court to require the employer to give benefits. DOLI cannot assist with these claims. This is from the Virginia Department of Labor Website under FAQ. It is at this link. http://www.doli.virginia.gov/whatwedo/labor_law/powp2_faq.html I would say that if the handbook says they are not payable upon termination than they are not payable. The handbook will be the guide.