PAID LEAVE

Paid leave — whether for vacation, sick time, personal days, or holidays — is one of the most valued employment benefits. But many workers do not fully understand their rights when it comes to accruing, using, and being paid for leave time. Employers sometimes deny earned leave, change policies retroactively, refuse to pay out accrued leave at termination, or retaliate against employees who use their leave. At Klie Law Offices, our employment law attorneys help workers throughout West Virginia and Ohio protect their paid leave rights and recover compensation when employers violate the law or their own policies.

We handle paid leave cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

Public employees in West Virginia and Ohio generally have more robust paid leave protections than private sector workers. West Virginia state employees accrue annual leave and sick leave based on years of service, and these benefits are governed by statute and regulation. State employees who are terminated or who resign may be entitled to payout of accrued annual leave. Similarly, Ohio public employees are typically covered by civil service rules or collective bargaining agreements that provide detailed paid leave benefits. Public employee grievance processes are available when these leave rights are violated.

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West Virginia's Wage Payment and Collection Act requires employers to pay all wages due to an employee upon separation, including compensation that has been earned under the employer's policies. If the employer's leave policy provides for payout of accrued leave, failure to include that amount in the final paycheck can violate the Act. The Act provides for recovery of the unpaid wages plus liquidated damages and attorney's fees, making it a powerful tool for recovering unpaid leave benefits.

Ohio's Prompt Pay Act and related wage payment statutes require employers to pay all compensation due upon termination. If accrued leave constitutes earned compensation under the employer's policy, it must be included in the final payment. Ohio employees who are not paid their full final wages may pursue claims through the Ohio Department of Commerce or through private litigation. Our Canton office attorneys are experienced in pursuing unpaid leave claims under Ohio law.

If you have concerns about your employer's paid leave practices, there are steps you can take to protect yourself. Obtain and save a copy of your employer's leave policy — whether it is in the employee handbook, a benefits summary, or an internal policy document. Track your leave accrual and usage independently so you have your own records. Keep copies of all leave requests and approvals. If your leave request is denied, ask for the reason in writing. And if you are leaving your job, review the policy carefully to understand what payout you are entitled to receive before your final day.

If your employer is denying your earned paid leave, refusing to pay out accrued leave, or retaliating against you for using your benefits, contact Klie Law Offices for a free case evaluation, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.