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Quitting a job & vacation protocol

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T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 9:36 AM
I was wondering what was the normal, legal protocal when it comes to vacation time when you quit a job.
Is the business required to pay our your existing vacation time?

It isnt one of those jobs where each pay period you acquire X amount of hours of sick/vacaton time so if that I was the case I would presume they were required to pay just what was accrued.

So if you get X amount of weeks of vacation as soon as the calender strikes Jan 1 should they be required to pay those weeks when you quit?

Also, You always hear that 2 weeks notice is customary and courteous, is that still a good model to follow? If so, I would think that 3 weeks is more than sufficient?

Thanks in advance.
Jan 28, 2012 9:36am
password's avatar

password

Senior Member

2,360 posts
Jan 28, 2012 10:02 AM
I would think to better answer your question, this topic would need more information.

Did your wife make you quit your job?
Jan 28, 2012 10:02am
OSH's avatar

OSH

Kosh B'Gosh

4,145 posts
Jan 28, 2012 10:05 AM
I would think to better answer your question, ask your wife for permission.
Jan 28, 2012 10:05am
T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 10:09 AM
I did.

She denied it.

BUt I am doing it any way because at the onset the money is the same, but going fwd there is a huge upside.

I have had one raise since 1999 in the current job, and to be honest the current job will continue to pay less on a yearly basis just due to its nature.

So...PW....ya want more info? Been with the company since 1999. New vacation weeks start the first of the year. Should they be required to pay the unused days?
Jan 28, 2012 10:09am
T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 10:10 AM
That is all the information I have.

It is a friend of mine....actually this time it is a friend of mine, that is planning on quitting his job.
Jan 28, 2012 10:10am
THE4RINGZ's avatar

THE4RINGZ

R.I.P Thread Bomber

16,816 posts
Jan 28, 2012 10:15 AM
My understanding is that they most likely would pay the sick time time you had accrued, but vacation is more than likely not going to be paid.
Jan 28, 2012 10:15am
Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Jan 28, 2012 10:18 AM
When you quit you quit and all benifit are off the table .... simple put you made the call and you give up those benifits

The smarter thing to do is take the vacation and then quit.

sorry about the "e" quite a mistake
Jan 28, 2012 10:18am
ernest_t_bass's avatar

ernest_t_bass

12th Son of the Lama

24,984 posts
Jan 28, 2012 10:22 AM
Belly35;1068356 wrote:When you quite you quite and all benifit are off the table .... simple put you made the call and you give up those benifits

The smarter thing to do is take the vacation and then quite..

Quite true.
Jan 28, 2012 10:22am
Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Jan 28, 2012 10:29 AM
ernest_t_bass;1068359 wrote:Quite true.

quite funny if i do say so myself :laugh:
Jan 28, 2012 10:29am
T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 10:47 AM
I did find this....

[h=3]5. I have accrued vacation time/sick time/personal leave days that I will not use before leaving my company. Is the company required to pay me for that time?[/h]It depends on where you live. 24 states—Alaska, Arizona, California, Colorado, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island (after one year of employment), Tennessee, West Virginia, and Wyoming—and the District of Columbia require that your employer include any unused vacation pay that has accrued (that you would have been entitled to use) in your final paycheck. In the rest of the states, there is no state law that requires your employer to pay you for accrued vacation leave, although your employer may do so voluntarily, or may have to do so if required by a policy or contract..



I know some places accrue time per pay period, but if your vacation time renews on Jan 1 I think the above rule states they gotta pay it
Jan 28, 2012 10:47am
gerb131's avatar

gerb131

Senior Member

9,932 posts
Jan 28, 2012 11:15 AM
Last place I quit from I took my 2 weeks vacation as my 2 weeks notice.
Jan 28, 2012 11:15am
T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 11:46 AM
So should she say the last day employed will be APril 1st with the last day at the facility three weeks before that and the last 3 of which would be vacation?
Jan 28, 2012 11:46am
W

WebFire

Go Bucks!

14,779 posts
Jan 28, 2012 12:05 PM
Be careful taking vacation before leaving. Find out the companies policy, which should be in an employee handbook. If the company works on an accrual system, they could dock you for vacation you took but hadn't earned yet.

If you had accrued 28 hours of vacation, take 80 hours and then quit, you last check could be less the 52 hours.
Jan 28, 2012 12:05pm
T

thavoice

Senior Member

14,376 posts
Jan 28, 2012 12:46 PM
WebFire;1068424 wrote:Be careful taking vacation before leaving. Find out the companies policy, which should be in an employee handbook. If the company works on an accrual system, they could dock you for vacation you took but hadn't earned yet.

If you had accrued 28 hours of vacation, take 80 hours and then quit, you last check could be less the 52 hours.
No accruel at this job. It renews Jan 1 and could actually be taken the first 3 weeks of the year if so inclined.
Jan 28, 2012 12:46pm
krambman's avatar

krambman

Senior Member

3,606 posts
Jan 28, 2012 12:57 PM
I can't believe I am saying this, but I'm with Belly. If he has two weeks of vacation time, then take those two weeks of vacation as his last two on the job and quit. Problem solved.
Jan 28, 2012 12:57pm
justincredible's avatar

justincredible

Nick Mangold

32,056 posts
Jan 28, 2012 1:01 PM
thavoice;1068449 wrote:No accruel at this job. It renews Jan 1 and could actually be taken the first 3 weeks of the year if so inclined.
Are you sure about that, though? I can take all my vacation days immediately after my new year has started but it still has to accrue. If I left before the year was up I'd have to pay those days back.
Jan 28, 2012 1:01pm
THE4RINGZ's avatar

THE4RINGZ

R.I.P Thread Bomber

16,816 posts
Jan 28, 2012 3:01 PM
justincredible;1068466 wrote:Are you sure about that, though? I can take all my vacation days immediately after my new year has started but it still has to accrue. If I left before the year was up I'd have to pay those days back.
Look at Justin pretending to have a job. How cute.
Jan 28, 2012 3:01pm
Glory Days's avatar

Glory Days

Senior Member

7,809 posts
Jan 28, 2012 5:31 PM
THE4RINGZ;1068354 wrote:My understanding is that they most likely would pay the sick time time you had accrued, but vacation is more than likely not going to be paid.
opposite for me.
Jan 28, 2012 5:31pm
justincredible's avatar

justincredible

Nick Mangold

32,056 posts
Jan 28, 2012 5:36 PM
THE4RINGZ;1068577 wrote:Look at Justin pretending to have a job. How cute.
/sleeper'd
Jan 28, 2012 5:36pm
F

fan_from_texas

Senior Member

2,693 posts
Jan 28, 2012 7:48 PM
Do you have an employee handbook that goes over this stuff? I imagine it differs from company to company.
Jan 28, 2012 7:48pm
Azubuike24's avatar

Azubuike24

Senior Member

15,933 posts
Jan 28, 2012 7:50 PM
At my company, I've known plenty of people who give their 2 weeks, and exhaust their vacation. One girl I knew took 3 weeks vacation, came in on the Friday of her first week and gave her 2 weeks notice. Haven't seen her since...but I'd imagine they still paid her.
Jan 28, 2012 7:50pm
j_crazy's avatar

j_crazy

7 gram rocks. how i roll.

8,372 posts
Jan 28, 2012 8:21 PM
I've wondered too because the 2 people I've known that quit were told to leave because they were in safety sensitive positions and the company didn't want the risk of having an incident because someone wEnt focused.
Jan 28, 2012 8:21pm
Ironman92's avatar

Ironman92

Administrator

49,363 posts
Jan 28, 2012 11:12 PM
Burger King sucks

Hope this helps.
Jan 28, 2012 11:12pm
T

thavoice

Senior Member

14,376 posts
Jan 31, 2012 9:44 AM
fan_from_texas;1068701 wrote:Do you have an employee handbook that goes over this stuff? I imagine it differs from company to company.
Negative. A new person took over 6-7 years ago and those who were with the company prior got to stay with those old employment rules in terms of vacation, pay, ins and such. WIth that previous owner there was no handbook.
Jan 31, 2012 9:44am
B

Bigdogg

Senior Member

1,429 posts
Jan 31, 2012 11:43 AM
Have them look at the company policy manual regarding accrued benefits when terminating employment. If there is a policy, have them follow it. If they fail to follow the policy, the employer is under no obligation to pay them any accrued benefits outside of their wages earned.

If there is no policy or guidelines, the employer may chose to pay them if they leave in good standing (two week notice or more if a professional position). They need to discuss this with their supervisor.
Jan 31, 2012 11:43am