Quitting a job & vacation protocol

Serious Business Backup 31 replies 1,125 views
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thavoice
Posts: 14,376
Jan 28, 2012 9:36am
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.
password's avatar
password
Posts: 2,360
Jan 28, 2012 10:02am
I would think to better answer your question, this topic would need more information.

Did your wife make you quit your job?
OSH's avatar
OSH
Posts: 4,145
Jan 28, 2012 10:05am
I would think to better answer your question, ask your wife for permission.
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thavoice
Posts: 14,376
Jan 28, 2012 10:09am
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?
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thavoice
Posts: 14,376
Jan 28, 2012 10:10am
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.
THE4RINGZ's avatar
THE4RINGZ
Posts: 16,816
Jan 28, 2012 10:15am
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.
Belly35's avatar
Belly35
Posts: 9,716
Jan 28, 2012 10:18am
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
ernest_t_bass's avatar
ernest_t_bass
Posts: 24,984
Jan 28, 2012 10:22am
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.
Belly35's avatar
Belly35
Posts: 9,716
Jan 28, 2012 10:29am
ernest_t_bass;1068359 wrote:Quite true.

quite funny if i do say so myself :laugh:
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thavoice
Posts: 14,376
Jan 28, 2012 10:47am
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
gerb131's avatar
gerb131
Posts: 9,932
Jan 28, 2012 11:15am
Last place I quit from I took my 2 weeks vacation as my 2 weeks notice.
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thavoice
Posts: 14,376
Jan 28, 2012 11:46am
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?
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WebFire
Posts: 14,779
Jan 28, 2012 12:05pm
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.
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thavoice
Posts: 14,376
Jan 28, 2012 12:46pm
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.
krambman's avatar
krambman
Posts: 3,606
Jan 28, 2012 12:57pm
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.
justincredible's avatar
justincredible
Posts: 32,056
Jan 28, 2012 1:01pm
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.
THE4RINGZ's avatar
THE4RINGZ
Posts: 16,816
Jan 28, 2012 3:01pm
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.
Glory Days's avatar
Glory Days
Posts: 7,809
Jan 28, 2012 5:31pm
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.
justincredible's avatar
justincredible
Posts: 32,056
Jan 28, 2012 5:36pm
THE4RINGZ;1068577 wrote:Look at Justin pretending to have a job. How cute.
/sleeper'd
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fan_from_texas
Posts: 2,693
Jan 28, 2012 7:48pm
Do you have an employee handbook that goes over this stuff? I imagine it differs from company to company.
Azubuike24's avatar
Azubuike24
Posts: 15,933
Jan 28, 2012 7:50pm
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.
j_crazy's avatar
j_crazy
Posts: 8,372
Jan 28, 2012 8:21pm
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.
Ironman92's avatar
Ironman92
Posts: 49,363
Jan 28, 2012 11:12pm
Burger King sucks

Hope this helps.
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thavoice
Posts: 14,376
Jan 31, 2012 9:44am
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.
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Bigdogg
Posts: 1,429
Jan 31, 2012 11:43am
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.