Anyone here work in Human Resources? I need to know if I am right or not!

[JKMastalski]

If I leave my company, with one week's notice, can my company not pay me for my accrued vacation time that I have not used?
I have 8 vaca. days left and my company handbook says that "Employees that have given two weeks proper notice, will receive their vacation pay".
Is that a legal thing or do they have to pay me for my days?
My DH's HR dept says that they MUST pay me for those days. I just want to have my facts straight before I have to get serious with these people!

 

[C.Ann]

The company I used to work for had the same clause as yours regarding 2 weeks notice and vacation time..

I would assume that it's legal and within their rights because if I remember correctly, there's no law saying that a company even has to give you vacation time.. I could be wrong though, so hang in there till someone else responds..

 

[AllyandJack]

You should check your particular state's law. Here in MA, two weeks notice is NOT required to get accrued vacation. If there is an employee handbook that states otherwise, that might (or might not depending on your state) apply, but I'd check with your AG's office. You might even be able to find the info on the website.

I went through this with DH when he quit a job. His boss refused to talk to him because he knew what was coming and DH only gave 4 days notice. We had to fight for his vacation pay. I checked on the state AG's site and found that, in MA, you do NOT have to give 2 weeks' notice.

It's worth it to do a little research before you give up on the money!

 

[EsmeraldaX]

I don't know, but at my job, we had a guy who quit with 2 weeks notice, and they actually docked pay, because it was only March and he'd already used 3 weeks of his vacation.

They docked his pay for 2 of the weeks, saying that he had not really earned his 3 weeks by March.

I'm pretty sure that they don't have to pay you.

Good luck!

 

[ByTheSea]

If you are not Union (which would be covered in the contract) then it depends on the laws on your State.

Off the top of my head, I know that CA has laws regarding paying out certain types of accrued time off, but I can't think of any other states right now that actually have laws requiring this.

It's considered a company provided benefit, not unlike accrued bonus pay. The company can require you to be an active employee to collect. They can also stipulate that vacation time is no longer available after you give notice at all. Many company's just pay it, some will hold it back if you give less than two weeks notice.

Because of that statement from your Employee Handbook I would venture to guess that without two weeks notice you will not receive your vacation pay, but you may want to check with your State, you should be able to find something on the State website.

 

[MikeB63]

What does the company handbook say about how vacatiion time is accrued? By the handbooks definition, has the vacation time already been earned? This may have a bearing on whether you are entitled to it or not. I also agree you need to check with your state government (AG, Dept of Labor).

 

[phillybeth]

Originally posted by EsmeraldaX
I don't know, but at my job, we had a guy who quit with 2 weeks notice, and they actually docked pay, because it was only March and he'd already used 3 weeks of his vacation.

They docked his pay for 2 of the weeks, saying that he had not really earned his 3 weeks by March.

I'm pretty sure that they don't have to pay you.

Good luck!

I resigned in November, and luckily I had not used all my time, otherwise I would have had to pay back the time I used that I didn't earn. That was only for vacation time, not sick time.

 

[Jeanny]

they have to pay you for any earned vacation time. They do not have to pay you for any earned sick or personal time. As a previous poster mention, in Massachusetts, you DO NOT have to give a two week notice, it's just a courtesy to do, but not always possible.

 

[mickeyfan1]

Originally posted by Jeanny
they have to pay you for any earned vacation time.

This may or may not be true. It depends on the state labor laws. If there is no law requiring payment, it is up to the company to determine their own policies for paying vacation time. WHere I worked, if you gave notice, you were not payed for any unearned unused days. If you were laid off you were paid ofr all unused days, earned or unearned. The company was "at will" so no notice was needed, you could call in before work and tell your supervisor you quit.

Check with the PA Dept of Labor, if there is no law, then your employee handbook will be the guideline.

 

[disney4us2002]

Noone else has asked so I'll be the nosy one and ask why can't you just give them the two weeks' standard notice?

When I left my job I was paid for accrued annual (state's term for vacation) but could not get paid for any comp time I had on the books. It may depend also on whether you earn so many hours every pay period or if you get it in one lump at the beginning of each year.

Good luck!

 

[MHopkins2]

Depending on how much or how little you like your employers, the best way to 100% guarantee that you get paid for your vacation time is to take it all, then quit immediately upon your "return." But that basically sets the bridge on fire, so proceed with caution if you might need a reference in the future.

 

[Jeanny]

quote:
--------------------------------------------------------------------------------
Originally posted by Jeanny
they have to pay you for any earned vacation time.
--------------------------------------------------------------------------------

Originally posted by mickeyfan1
This may or may not be true. It depends on the state labor laws.

I did a google for Massachusetts: If employee is fired: immediately. If employee quits: next scheduled payday. (Mass. Ann. Laws ch. 149 §148)
Accrued vacation benefits must be paid as wages with final paycheck.

do a google for Pennsylvania and you may be able to find some laws.

 

[Pugdog007]

Not all companies "accrue" vacation time. Our company moved away from this to "granted time off" to avoid having to carry over all employees unused "accrued" monies into a new year (accounting nightmare). If your company doesn't actually accrue money on the books for your vacation, then your vacation time doesn't translate into actual money and therefore they do not have to pay it out to you if you decide to leave.

 

[swea_pea1]

In our company, if you quit within the same calendar year as you started, you don't get paid for any vacation time, even if it's accrued and even if you've given two weeks notice.

If you quit in a subsequent year, we pay accrued vacation time only when 2 weeks notice is given.

Also, vacation time is not approved during the 2 weeks notice, and if it previously approved, then it has to be taken into account when giving notice. So for us, 2 weeks is really 2 weeks.

It seems as though your handbook suggests that without 2 weeks notice you wouldn't be paid...I'd probably err on the side of caution and go ahead and give the appropriate notice.

 

[JKMastalski]

Thank you all for your help! What happened is that I got offered a job last friday and I have to start it on Tuesday , so I gave two weeks written notice, but stated that I would be taking the second week as vacation days. They told me that in that case, I was giving them only 1 week, not two. So I have not been told yet that i won't be getting the rest of my vacation pay, but I just wanted to be prepared.
Trust me, I am not the type NOT to give two weeks, but in this case, I couldn't turn the new job down.

 

[mtblujeans]

If you give 1 week notice and the policy manual requires you to give 2 weeks notice in order to receive that benefit, you probably won't get it.