In addition, there is no federal law governing if and when accrued vacation must be paid when an employee leaves his or her job. However some states required payment of unused leave.
If you are fired, you may, or may not, be paid for unused vacation and sick time. It depends on company policy and the law in your state regarding accrued leave time and whether that company policy sets criteria for:
1. Paying any employees for unused vacation or sick leave.
2. Paying employees who are fired for cause for unused vacation or sick leave.
State law and how the company policy is written would determine your eligibility for pay. The policy should be consistent and clear so employees understand what they are entitled to receive when their job is terminated.
If you're not sure about eligibility check with your state department of labor for information on what unused leave pay you qualify for.