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taking vacation when quitting a job

N

nageov3t

Lifer
OK ATOT, help me settle a debate I had with a friend last night...

let's say you give 2-week notice on the first Monday of the month (2/2, using February as an example), with your last day in the office being the 13th (Friday).... however, the third week of the month (ie: Feb 16-20), you had a vacation planned that you requested vacation time off for months ago.

assuming the company/state have no policy where employers are required to pay out unused vacation time, would it be an asshole move to ask your old company to pay for that third week even though your last day on the job occurred prior to the vacation?
 
IMO, if the vacation pay is earned, the company owes it to you, just like wages...but, that's not by FEDERAL law (state law may say they have to pay it)...so the company may be within their rights to refuse.

Edit: Looks like under NY law, unless there's a specific "forfeit policy," they have to pay:

http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#9

Q: When employees resign -- or are discharged -- from a job, must the employer pay them for any accrued, unused vacation time?

A: Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.

IF...An employee has earned vacation time
AND...There is no written forfeit policy
THEN The employer must pay the employee for the accrued vacation
Click to expand...
 
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BoomerD said:
IMO, if the vacation pay is earned, the company owes it to you, just like wages...but, that's not by FEDERAL law (state law may say they have to pay it)...so the company may be within their rights to refuse.
Click to expand...

It depends on how it was earned. If it's the same-year, I've seen a mention of a pro-rated policy. By Feb you may have only earned 1 or 2 days.

If it's the old-school, you earn your 2015 vacation by working in 2014, you might have a chance.
 
NoTine42 said:
It depends on how it was earned. If it's the same-year, I've seen a mention of a pro-rated policy. By Feb you may have only earned 1 or 2 days.

If it's the old-school, you earn your 2015 vacation by working in 2014, you might have a chance.
Click to expand...

Agreed. It really all depends on how it's earned.
 
I'd wait to give notice until you get back from vacation. I wouldn't risk losing the money if they're not legally obligated to pay you.
 
Hahaha, I totally read that as vaccination not vacation. Man, too many vaccination threads around...

KT
 
The fuck are you talking about? Wages are in black and white 99% of the time. If not then sue them for millions. #Americanway
 
As far as I'm concerned vacation is part of the pay and anything you earn you should get. That is a legal requirement around here (at least to a minimum).

The last time I left a job there was not even a debate with HR. I got a cheque with my last weeks pay and a buy out of all of my vacation.
 
Daedalus685 said:
As far as I'm concerned vacation is part of the pay and anything you earn you should get. That is a legal requirement around here (at least to a minimum).

The last time I left a job there was not even a debate with HR. I got a cheque with my last weeks pay and a buy out of all of my vacation.
Click to expand...

But again, that depends on state law. Federal law doesn't require payment of vacation pay on termination...so it reverts to company policy.
 
everyone seems to be ignoring the OP's question.

If they DON'T buy out your unused time, time that is obviously already earned unless he wouldn't be able to schedule the time, then it's somewhat lame to ask them to pay it, even though that policy of not paying for it anyway is lame as well. I wouldn't ask, I think it's your responsibility to plan your resignation around that time off, and if they don't pay for your unused time, I'd use it during the two weeks notice(it would be more reasonable to ask for that)
 
slayer202 said:
everyone seems to be ignoring the OP's question.

If they DON'T buy out your unused time, time that is obviously already earned unless he wouldn't be able to schedule the time, then it's somewhat lame to ask them to pay it, even though that policy of not paying for it anyway is lame as well. I wouldn't ask, I think it's your responsibility to plan your resignation around that time off, and if they don't pay for your unused time, I'd use it during the two weeks notice(it would be more reasonable to ask for that)
Click to expand...

In that case, call in sick for two weeks...use the vacation pay for that. 😛
 
I would tell them my last day is on the last day I planned on taking vacation and I wasn't going to cancel the vacation. So, they got 2 weeks prior to that for me to do whatever they need before I'm done. I'd tell them they are free to call me during that last week, but I certainly ain't going to come in or help them. >_>
 
smackababy said:
I would tell them my last day is on the last day I planned on taking vacation and I wasn't going to cancel the vacation. So, they got 2 weeks prior to that for me to do whatever they need before I'm done. I'd tell them they are free to call me during that last week, but I certainly ain't going to come in or help them. >_>
Click to expand...

Just beware...some places will fire you the day you give notice instead of letting you work those last two weeks...you could get fucked out of the vacation pay anyway...
 
BoomerD said:
Just beware...some places will fire you the day you give notice instead of letting you work those last two weeks...you could get fucked out of the vacation pay anyway...
Click to expand...

That would be fine with me. I only give 2 weeks as a courtesy for them, not for me. They'd still have to pay my my accrued vacation, just not a week worth.
 
The way my last company worked if you left you lost all vacation. It also didn't rollover year to year. Also forced to use some of it to cover holiday shutdown. When I left my last day was Jan. 3 with exactly 10 working days over like 3.5 weeks.

That vacation policy was fairly new, at the lowest levels management hated it so pretty much everyone that left took their vacation first. But the company policy was your last day had to be a work day, so they always showed up for their last day (as did I) for their exit interview, goodbye lunch, etc.

If they don't have a policy to payout earned vacation then I'd take it and make my last day the day after vacation. If they don't like it they can just fire you but really not paying out earned vacation is a dick move to begin with so I wouldn't feel bad. If they do payout your vacation by law or policy then it doesn't matter at all.
 
I would just talk w/ HR and see if you can change your two week's notice period to start from 2/9 and end on 2/20 with 2/16-2/20 being your vacation.
 
I put in notice at the beginning of last month and just went to FL for a week and a half. I start my new job Monday. I felt bad about it, but it was a planned trip and timing just sort of worked out that way. Like they said, if you don't take it as vacation, they usually give it to you in pay.
 
The company handbook must explicitly say "sick time and vacation time will not be reimbursed upon termination of employment". Otherwise, that time is considered part of your compensation plan and due to you upon leaving. My former employer re-wrote their handbook after getting burned on that. Guy left in January and they had to pay him 4 weeks of vacation and a week of sick time.
 
Sticking with OP's hypothetical, I would have planned my two weeks around the vacation. But if that's not possible, it's not an asshole move to ask. The worst they can do is say no.
 
BoomerD said:
Just beware...some places will fire you the day you give notice instead of letting you work those last two weeks...you could get fucked out of the vacation pay anyway...
Click to expand...

This. I have seen it too many times. Usually with exempt employees. Hourly not so much.

Oh! You are putting in your two week notice. here give me your badge and I'll call security to see you out.
 
if you have left over vacation days when you leave a job, then you've been doing it wrong all along and just chalk it up to a lesson learned.
 
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