How to properly quit job if you have vacation you want to use up first?

[senseamp]

I have a lot of vacation saved up, and I am thinking about taking it between jobs.
Should I tell my boss I am leaving before the vacation, or take vacation and then tell him when I come back. My company does not require an advanced notice, but I want to make the transition easy for my current boss. At the same time I don't want to risk him letting me go and then not having benefits for a month, or having to pay for Cobra.
What's the appropriate course of action in this case? I was thinking maybe take vacation, then come back and give a week notice, do the TOI and leave. One problem could be that he may insist I not take vacation now due to workload.

 

[mooglemania85]

meh, take the vacation.

Will you get compensated for unused vacation days if you quit?

 

[Cdubneeddeal]

Put in your two weeks, work, then cash out your vacation. Just make sure when your two weeks are up comes after the next period of benefits. For example, your two weeks is up on the 3rd of a month, that way they have to pay for your benefits for that entire month.

 

[nageov3t]

it's kind of a lose-lose unless you've got an option to cash out your vacation.

put in notice and then take vacation -- your boss could just fire you.
take vacation and then put in notice -- good way to burn bridges and get seen as a DB.

 

[Tiamat]

catch-22 for you. agreed with what loki8481 said

 

[pulse8]

I thought just about every place was required to pay you your vacation since it's income you've earned.

 

[BoomerD]

Originally posted by: pulse8
I thought just about every place was required to pay you your vacation since it's income you've earned.

Unfortunately, it's not federal law, and not specified in many states.

http://www.dol.gov/elaws/faq/esa/flsa/006.htm
"The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee's representative). "


Many states however do require accrued vacation time to be paid upon termination, but it's a state-by-state law.

 

[msparish]

How soon do you start your new job? You can sign up for COBRA within a certain period of time after you quit (I can't remember what the deadline is, but it is at least a few weeks if not longer). If nothing happens to you healthwise, great. If something does happen, you can sign up for COBRA and it is retroactive to the date you quit (you do have to catch up on the premiums though).

 

[senseamp]

Yes, I have 45 days to sign up for Cobra. Msparish, that is a good idea if I can just have the option of signing up for Cobra retroactively.
Yes, my company will pay out my vacation if I quit. My main concern is only with the Medical coverage for the 3 weeks I take as vacation.
So if I wait till say 7th of the month to quit, and start new job on 30th of the month, will my current company insurance cover me through the rest of the month? I thought it is canceled immediately after I quit. I guess the best way for me to go may be just to put in my notice say 5 weeks ahead of time and tell my boss I want to take 3 weeks of my vacation before I quit. I don't think he wants to burn bridges with me either, so it should be mutually agreeable, and if not, I can do the retroactive Cobra trick if I should need insurance in between. Is there a downside to letting your coverage lapse between jobs for a few weeks? I thought insurance companies reward you for having continuous uninterrupted coverage.

 

[senseamp]

The alternative is to take 3 weeks off, then give my 2 week notice. Actually company does not require any notice, but I want to give my boss 2 weeks as a courtesy so he has time to assign people for me to transfer all the information.

 

[Cdubneeddeal]

Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

 

[edro]

I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

 

[senseamp]

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

Thanks, that's kind of my apprehension too. I want to do what's right, but not if it means making myself vulnerable to some HR shens. So basically, telling boss I am leaving before the beginning of the month I am leaving is a big no no. So that rules out telling him 5 weeks ahead of time and then taking a vacation after 2 weeks. I guess that only leaves taking vacation mid month, then giving in my 1-2 week notice when I come back, doing all the TOI and leaving.
I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

 

[senseamp]

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

 

[ranmaniac]

Unless it's in your contract or state laws that you can cash out your vacation, you better take your vacation first, and don't tell your boss that you plan on leaving the company until after you've taken your vacation.

I had a similar situation, except where I worked, they didn't compensate you for unused vacation time, it was basically use it or lose it.

 

[Cdubneeddeal]

Originally posted by: senseamp

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

Oh yeah, definitely. However, if you forgo your vacation until you start working at the new job, it might look kind of bad if you take a couple of weeks off within such a short time of being hired on. I'm sure you're a smart guy and can figure out what's best for you. But just remember the benefits portion from your old job. That sounds like the key ingredient to your choice.

Originally posted by: senseamp

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

Sounds like one of those companies where you think 20 times before even think about leaving. Now I really understand your dilemma. Shit, I don't know now. You're kind of stuck between morals and your career and what's the best judgment call.

 

[Throckmorton]

If only it was like ATOT, where all you have to do is post a rickroll or some upside down text to get a vacation.

 

[AlienCraft]

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

QFT
1.Take Vacation, send lots of picture and postcards to work.
2. come back, make a big deal of how WOW, everything is now.... all the time....
3. Give notice, saying , you've got to follow your muse......
4. profit....

 

[senseamp]

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

Oh yeah, definitely. However, if you forgo your vacation until you start working at the new job, it might look kind of bad if you take a couple of weeks off within such a short time of being hired on. I'm sure you're a smart guy and can figure out what's best for you. But just remember the benefits portion from your old job. That sounds like the key ingredient to your choice.

Originally posted by: senseamp

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

Sounds like one of those companies where you think 20 times before even think about leaving. Now I really understand your dilemma. Shit, I don't know now. You're kind of stuck between morals and your career and what's the best judgment call.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

10. Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee?s final paycheck.

Does that mean if I quit, the employer is obligated to give me the cash equivalent of what my healthcare benefits are? If that's the case, then there is no problem, I can just use that money to buy Cobra coverage for the vacation.

 

[Cdubneeddeal]

Originally posted by: senseamp

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

Oh yeah, definitely. However, if you forgo your vacation until you start working at the new job, it might look kind of bad if you take a couple of weeks off within such a short time of being hired on. I'm sure you're a smart guy and can figure out what's best for you. But just remember the benefits portion from your old job. That sounds like the key ingredient to your choice.

Originally posted by: senseamp

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

Sounds like one of those companies where you think 20 times before even think about leaving. Now I really understand your dilemma. Shit, I don't know now. You're kind of stuck between morals and your career and what's the best judgment call.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

10. Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee?s final paycheck.

Does that mean if I quit, the employer is obligated to give me the cash equivalent of what my healthcare benefits are? If that's the case, then there is no problem, I can just use that money to buy Cobra coverage for the vacation.

No. They are just obligated to cash out your accrued vacation.

 

[akshatp]

Take the 3 weeks. Go back and give them 2 weeks notice and work your last two weeks to finish up any outstanding projects and give proper turnover to whomever is taking your position over. If they get pissed and walk you out, too bad -- at least you got your 3 weeks vacation AND get paid for the two weeks that you gave them notice for.

 

[compman25]

Work up until the day before your new job starts. Schedule your vacation time at job 1 for the time you start job 2. At end of vacation time just tell job 1 you quit. Healthcare from job 1 covers you for the first couple weeks of job 2.

 

[Cdubneeddeal]

Originally posted by: compman25
Work up until the day before your new job starts. Schedule your vacation time at job 1 for the time you start job 2. At end of vacation time just tell job 1 you quit. Healthcare from job 1 covers you for the first couple weeks of job 2.

I don't think that's a good idea. He doesn't want to burn any bridges at his current job. From the sounds of it, I wouldn't want to either.

 

[senseamp]

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

Oh yeah, definitely. However, if you forgo your vacation until you start working at the new job, it might look kind of bad if you take a couple of weeks off within such a short time of being hired on. I'm sure you're a smart guy and can figure out what's best for you. But just remember the benefits portion from your old job. That sounds like the key ingredient to your choice.

Originally posted by: senseamp

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

Sounds like one of those companies where you think 20 times before even think about leaving. Now I really understand your dilemma. Shit, I don't know now. You're kind of stuck between morals and your career and what's the best judgment call.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

10. Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee?s final paycheck.

Does that mean if I quit, the employer is obligated to give me the cash equivalent of what my healthcare benefits are? If that's the case, then there is no problem, I can just use that money to buy Cobra coverage for the vacation.

No. They are just obligated to cash out your accrued vacation.

But does that cash out amount include just wages or also the fringe benefits?

 

[akshatp]

Originally posted by: senseamp

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal

Originally posted by: senseamp

Originally posted by: Cdubneeddeal
Senseamp,

The company is obligated to pay your medical for the remainder of the month and on top of that, they're deducting your portion from your paycheck. I'm not sure about your question regarding medical insurance companies and rewards but I do know that it works with auto insurance companies.

Also, if I were you I wouldn't tell your boss you're doing anything until you decide to put your notice in. You and your boss may be cool, however, when it comes to losing an employee a boss, no matter how well you know him/her, can change instantly. And what if they decide to let you go before your vacation is up and you lose your insurance (Say if they let you go on the 30th), then you're screwed. Don't let any company dick you out of anything. I'm a supervisor and work with HR often. They'll fuck you if given the opportunity.

I am willing to forgo vacation between jobs if new company gives me a good enough signing bonus. Is that something that is worth negotiating for if they insist I start earlier?

Oh yeah, definitely. However, if you forgo your vacation until you start working at the new job, it might look kind of bad if you take a couple of weeks off within such a short time of being hired on. I'm sure you're a smart guy and can figure out what's best for you. But just remember the benefits portion from your old job. That sounds like the key ingredient to your choice.

Originally posted by: senseamp

Originally posted by: edro
I would take the 3 weeks now, then when you get back, put in your two weeks.
They are more likely to walk you out if you even pose the question.

That hasn't been what I've been seeing before. I mean my boss even organized a farewell lunch for one of the employees who was leaving, and that was a couple weeks ahead of time. And I've seen that a lot. We are talking about a small professional community here, where people cross paths relatively often and are reluctant to burn bridges. Many employees who leave come back if they don't like the new company.

Sounds like one of those companies where you think 20 times before even think about leaving. Now I really understand your dilemma. Shit, I don't know now. You're kind of stuck between morals and your career and what's the best judgment call.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

10. Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee?s final paycheck.

Does that mean if I quit, the employer is obligated to give me the cash equivalent of what my healthcare benefits are? If that's the case, then there is no problem, I can just use that money to buy Cobra coverage for the vacation.

No. They are just obligated to cash out your accrued vacation.

But does that cash out amount include just wages or also the fringe benefits?

What are the fringe benefits? You mean healthcare? If so, then no it doesnt include fringe benefits.