Accrued Vacation Pay on Termination in Florida: No Legal Right Without Written Policy

Florida Law: No Automatic Payout for Unused Vacation

In **Florida**, an “at-will” employment state, **there is no statutory requirement for employers to pay out accrued, unused vacation time upon termination—unless a written policy or contract says otherwise.**

The Legal Basis

• Florida Statutes § 448.110 — “Wages” defined; **vacation pay not included**.
• Florida Supreme Court (*Morse v. Dial*, 1997) — Accrued vacation is **not “wages”** under Florida law. No automatic payout.
• Contrast: ~25 states *do* require payout (e.g., CA, NY, IL, MA). Florida does not.

When You *Are* Entitled

• Written employment contract specifying vacation payout.
• Employee handbook / policy manual stating “accrued vacation paid on separation.”
• Collective bargaining agreement (union) with payout clause.
• Established practice (consistent past payouts) — *may* create implied contract (fact-specific, litigate).

Local Ordinances? Rare.

No Florida county/city has enacted a mandatory vacation payout ordinance (unlike some CA cities). Check *your* county— but unlikely.

What to Do

1. **Read your handbook / offer letter / contract.** Search “vacation,” “PTO,” “separation,” “payout.”
2. **Ask HR (in writing)** before quitting: “What is the policy on accrued vacation payout?”
3. **Use it before giving notice** — if policy allows, take the days. Once notice given, approval may vanish.
4. **If denied and policy exists:** File wage claim (FL Dept of Commerce) or consult employment lawyer.

Sick Leave / PTO

Same rule: **no statutory payout** unless written policy. “PTO” buckets (combined vacation/sick) *may* be treated as vacation if policy doesn’t distinguish.

**Florida default: Use it or lose it.** Get it in writing.