Originally posted by: BoomerD
Originally posted by: DrPizza
You should have driven in to give your notice and reasons in person.
4 weeks really isn't that unusual in the states. I'm obligated by contract to give 1 month's notice.
I didn't realize that pto had to be paid if someone resigned from their job, "by law". Any links?? I've seen several cases where it's paid at 50% or other rates at the conclusions of someone's employment. And, I've seen cases where it isn't paid at all. i.e. employee with 2 weeks of vacation who leaves 6 months into the year with both weeks on the books doesn't receive anything.
When you earn (as in your example) 2 weeks per year of paid vacation, if you leave before the year is up, (depending on state law or bargaining agreement) you MIGHT be entitled to one week at 6 months, or none at all. Most places break it down and pro-rate it by the month, so that if you leave early, you'll get 6.67 hrs/month of vacation pay.
The federal law does NOT require vacation /other paid time-off to be paid at all, let alone at termination, so it MAY be covered by state law.
From the US DOL site:
"The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative)."
In Kahleeforneeya, the labor code states:
"There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay. Labor Code Section 227.3 The Califonia Legislature, in order to ensure that vacation plans were fairly and equitably handled, provided that the Labor Commissioner was to "apply the principles of equity and fairness" in resolving vacation claims.
In California, because paid vacation is a form of wages, it is earned as labor is performed. An employer?s vacation plan may provide for the earning of vacation benefits on a day-by-day, by the week, by the pay period, or some other period basis. For example, an employer?s policy may provide that an employee will earn a proportionate share of his or her annual vacation entitlement for each week of a calendar year in which the employee either works at least one full day or receives at least one full days? pay during such week. Thus, for example, if an employee is entitled to two weeks (10 work days) annual vacation, and works full-time, eight hours per day, 40 hours per week, in the above example for each week the employee works at least one full day, he or she will earn 1.538 hours of paid vacation."