Quitting a job - vacation earned

[Snowflakey]

So I just gave my notice (a 5 week notice) that I'm leaving my job. I was hired with 20 days vacation which is accrued each month.

They are not allowing me to use my 6 days vacation before I go. Isn't that wrong? I'm not asking them to pay me out after I leave, I'm asking to use it.

There is only 3 in our office. The other woman has taken several vacation days so far this year. She has the same amount per year as I do.

Any thoughts on what I can say? I talked to my boss today and said this seems like discrimination because you won't allow me to use my vacation however this other woman is out today using vacation.

The are very upset they are losing me. I feel bad however they didn't provide benefits and I'm going somewhere with amazing benefits, more vacation, etc.

Ugh - appreciate your words of wisdom

 

[morgan98]

Do you have an employee manual? Is their a vacation policy? Per the policy, they may very well need to pay it out to you when you leave. Are you sure they won't?

Or is the issue that you really need to take the time off before the job ends?

 

[Branflakes]

It's likely policy dependent. But they could if they wanted to. Youve given the courtesy of a 5 week notice, you are not required to do so. Seems as though you should change your exit day to 3 weeks and 4 days and take your earned days. I would be taking my earned days regardless. For me, notice is given as a professional courtesy.

 

[Snowflakey]

There was no policy or manual since this office only has 3 people. I do have the hiring "offer memo" email which states I get 20 days a year.

I was nice in giving them the 5 week notice and I REALLY wanted the time off all in a row so I have some sort of break before starting my new job. My boss at first said he won't give me vacation and now he is saying "we will see if we can let you take a day here and there" WHAT? I want my days off all in a row.

If I move up my end date and then want to take my 6 days I know they won't pay me for it. I know this is wrong!!

 

[soccerdad72]

Why don't you just set an end date a week earlier?

 

[sk!mom]

So the six days are already accrued? If it is, then I would ask if they would prefer to pay me the six days or have my last day be 3 weeks and 4 days from now.

Not paying me wouldn't be an option.

 

[MaryLovesPoohBear]

There was no policy or manual since this office only has 3 people. I do have the hiring "offer memo" email which states I get 20 days a year.

I was nice in giving them the 5 week notice and I REALLY wanted the time off all in a row so I have some sort of break before starting my new job. My boss at first said he won't give me vacation and now he is saying "we will see if we can let you take a day here and there" WHAT? I want my days off all in a row.

If I move up my end date and then want to take my 6 days I know they won't pay me for it. I know this is wrong!!

If there is no policy, how is it wrong?

Basically, you gave notice to work until a certain date and they want you to actually work until that date. You want to bug out 6 days early. If anything, you are the one that isn't keeping up your end of the deal.

 

[rwdavis2]

Be careful and make sure they will pay you for the unused vacation if you can't use it.

 

[Snowflakey]

Oh but I am keeping up my end. I submitted my written notice of termination stating that I would be done on this date however these 6 days would be my vacation days that I HAVE ALREADY accrued. I'm not bugging out 6 days early, I'm taking what is owed to me because I've already accrued them.

 

[bcarey2k]

Many companies don't want folks using vacay prior to leaving. It's an accrued cost for the entire year.

That said, if you've 'earned it' they will pay you for it.

Brian

 

[Snowflakey]

Why don't you just set an end date a week earlier?

Because they won't pay me for my vacation time after I leave

 

[Snowflakey]

Many companies don't want folks using vacay prior to leaving. It's an accrued cost for the entire year.

That said, if you've 'earned it' they will pay you for it.

Brian

But that's it - he is saying he doesn't have to pay me any vacation??

 

[MaryLovesPoohBear]

But again, if there is no policy, how is this wrong?

 

[mamacatnv]

Vacation time is generally not mandated by the Dept of Labor, State Employment/Labor Commission etc.
All they care about is compensation for hours actually worked.
Vacation/sick/PTO whatever you want to call it is policy driven.
If you have something that says you accrue X hours/days and there is no clause as to whether it is use it or lose it or how to use it, then the company should allow you to take the vacation time now even though you are in your I'm leaving period. However, where a policy lacks, it is on the employee to pursue and this could mean the only way to get your "earned" time is in small claims court.

My Son's girlfriend works at a facility that says once you give your 30 day notice (required to be considered down the road for rehire or PRN work), you cannot use or accrue vacation time and the time on the books will be paid out at 50% upon your departure. So, when people leave, they plan accordingly, many plan to use their PTO/VAC then return and promptly give notice.

I'm curious, you say its a 3 man office but do you have a larger corporation that you actually work for?

 

[mamacatnv]

But that's it - he is saying he doesn't have to pay me any vacation??

If there is no policy or written instruction that says otherwise, he doesn't have to pay it even though you "earned it".

 

[BOST99]

Some states consider vacation that is accrued as wages and owed st termination. Probably worth a Google search.

Typically I see vacation requests denied when someone resigns. Not too many people give as much notice so I can see why you would be upset.

 

[Snowflakey]

But again, if there is no policy, how is this wrong?

There is a policy - the offer memo I received for the job stating I get 20 days of vacation a year.

 

[MaryLovesPoohBear]

There is a policy - the offer memo I received for the job stating I get 20 days of vacation a year.

But does it state that you are paid that time if you leave? Or that you can take that time after you've put in your notice?

 

[soccerdad72]

If there is no policy or written instruction that says otherwise, he doesn't have to pay it even though you "earned it".

That's what I'm thinking - and if it really is just a 3 person operation, I doubt there's any government agency or anyone like that you could even go to?

Ironically, our HR department (I work for a college) just changed their policy to state that vacation days could not be used for the final days leading up to resignation or retirement.

 

[Snowflakey]

Vacation time is generally not mandated by the Dept of Labor, State Employment/Labor Commission etc.
All they care about is compensation for hours actually worked.
Vacation/sick/PTO whatever you want to call it is policy driven.
If you have something that says you accrue X hours/days and there is no clause as to whether it is use it or lose it or how to use it, then the company should allow you to take the vacation time now even though you are in your I'm leaving period. However, where a policy lacks, it is on the employee to pursue and this could mean the only way to get your "earned" time is in small claims court.

My Son's girlfriend works at a facility that says once you give your 30 day notice (required to be considered down the road for rehire or PRN work), you cannot use or accrue vacation time and the time on the books will be paid out at 50% upon your departure. So, when people leave, they plan accordingly, many plan to use their PTO/VAC then return and promptly give notice.

I'm curious, you say its a 3 man office but do you have a larger corporation that you actually work for?

It's a larger business per se but it's independently owed.

So yes, I have an email/letter stating I get 20 days a year and the manager discussed that it is accrued each month. This has been discussed several times.