Originally posted by: Kyteland
They are required by law to pay it out, at least in Illinois. Vacation time is a benefit earned for the hours you spend working, the same as your salary. Not paying it is the same as not giving you your last paycheck. Almost all companies allow you to use all the time for the year even if you haven't earned it yet.Originally posted by: DrPizza
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.
For example, I get 17 days of vacation at work. (136 hour per year) I earn 5.23 hours per pay period (2 weeks) throughout the year. Come January 1st I've techically earned 0 hours for the year, but my entire bank of 136 hours is availible to use "on credit" because it is assumed I'll work the rest of the year. If I use the entire thing up front and then quit, the difference is deducted from my last paycheck because I had't earned it yet. Similarly if I have a positive balance when I quit they have to pay it out to me.
On a similar note, I know plenty of people who give their "2 weeks" with their vacation time tacked on the end so they can finish transitioning off the project and then have a month off of paid vacation before they start working at their new job.