Quitting a job - vacation earned

[Snowflakey]

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?

No it doesn't and what I read from the state I live in is that the employer needs to be very clear and if not "vagueness in the policy is likely to be construed against the employer"

 

[MaryLovesPoohBear]

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.

I think we get that.

The question is, does that letter state that you are paid those hours/days if you don't take them? Or that you can take them after giving your notice?

 

[Snowflakey]

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.

You got it! There isn't any government agency I can go to. All it says for my state is if you have it in writing then they are liable to their employees for these benefits. Which I said to my boss.....

 

[MaryLovesPoohBear]

No it doesn't and what I read from the state I live in is that the employer needs to be very clear and if not "vagueness in the policy is likely to be construed against the employer"

Okay, so take them to court.

 

[AppleDumpling]

Even though you are a small office, is it a branch of a larger company? Is there a corporate HR person you can talk to?

If it's a small business (generally under 50 employees), they are often exempt from some labor laws and may not be legally required to pay you for vacation at all.

That said, you were considerate to give them 5 weeks notice; it is standard custom to give only 2 weeks. If you have been a valued employee and they have any ethics, they should in "good faith" either give you the time off or pay you for it. However, if they don't, there's really nothing you can do, short of suing them. I'd take the high road, let it go and be happy you are moving on to something better. Good luck.

 

[Snowflakey]

I think we get that.

The question is, does that letter state that you are paid those hours/days if you don't take them? Or that you can take them after giving your notice?

No it doesn't - which like I said earlier says on our state.gov website that any vagueness in the policy is likely to be construed against the employer.

It isn't my fault they don't have their bases covered and noted in the offer memo

 

[soccerdad72]

Can you take the next 6 days off? Is it just an issue of you wanting to be paid for the final 6 days of your employment or taking the time off altogether?

 

[Snowflakey]

Even though you are a small office, is it a branch of a larger company? Is there a corporate HR person you can talk to?

If it's a small business (generally under 50 employees), they are often exempt from some labor laws and may not be legally required to pay you for vacation at all.

That said, you were considerate to give them 5 weeks notice; it is standard custom to give only 2 weeks. If you have been a valued employee and they have any ethics, they should in "good faith" either give you the time off or pay you for it. However, if they don't, there's really nothing you can do, short of suing them. I'd take the high road, let it go and be happy you are moving on to something better. Good luck.

Thanks for your advice. I am taking the high road however it stings that I can't use the time I've earned. I haven't had a day off all year while the other 2 here work an average of 20 hours a week (they are full time) and I am the one alone here working. It's just wrong, and I'm not that type of person to screw people/businesses over.

 

[Snowflakey]

Can you take the next 6 days off? Is it just an issue of you wanting to be paid for the final 6 days of your employment or taking the time off altogether?

That's it I can't. This is what I'm trying to do is to just take my 6 days I have off. Meanwhile, they are allowing the other employee to be off. She is off today....
Boss is saying he will see if I can take "a day here or there off". Why does he have to tell me when I can take it off? Such discrimination

 

[undertheradar]

How long have you been employed on this job?

Perhaps if you indicate the state, some of the Dis boards detectives can uncover some better sources for you.

 

[soccerdad72]

That's it I can't. This is what I'm trying to do is to just take my 6 days I have off. Meanwhile, they are allowing the other employee to be off. She is off today....
Boss is saying he will see if I can take "a day here or there off". Why does he have to tell me when I can take it off? Such discrimination

First, you need to stop comparing yourself to the other employee. Truth be told, you're leaving, they're staying - so it's not surprising that they would get treated differently.

Second, it's not discrimination. In the absence of a written policy about vacation time, it's really up to the employer's discretion.

 

[AppleDumpling]

I understand your position and I would be upset too. While it won't change the current situation, perhaps you can request from the new employer that your start date be pushed back a week or two so you have the time off you need in between.

 

[Snowflakey]

How long have you been employed on this job?

Perhaps if you indicate the state, some of the Dis boards detectives can uncover some better sources for you.

I don't feel comfortable saying the State. Sorry. I've been with this company 27 years

 

[Snowflakey]

First, you need to stop comparing yourself to the other employee. Truth be told, you're leaving, they're staying - so it's not surprising that they would get treated differently.

Second, it's not discrimination. In the absence of a written policy about vacation time, it's really up to the employer's discretion.

I'm not comparing myself to the other employee just trying to give you all a look at what is happening. Sorry about stating discrimination, actually it was a legal professional who said that.....

 

[Snowflakey]

I understand your position and I would be upset too. While it won't change the current situation, perhaps you can request from the new employer that your start date be pushed back a week or two so you have the time off you need in between.

Thanks! I will just end up leaving this job earlier if they won't give me my earned vacation. I will be just fine, I just don't believe in not treating people the right way that's all.

 

[okeydokey]

I would reach out to the Dept of Labor in the state you are in and inquire as to what your rights are. 27 years and they pull that?

 

[eeyoreandtink]

You don't have any kind of leg to stand on as far as winning this fight. There is no written policy about what happens to vacation time when you hand in notice, so it's up to your employer if they choose to allow you to take it or not. You could take them to court on it and might win, but at what cost to yourself in time and legal fees?

 

[soccerdad72]

I've been with this company 27 years

27 years you've worked at this place with no benefits? Yikes.

 

[AppleDumpling]

I don't feel comfortable saying the State. Sorry. I've been with this company 27 years

Wow, that is how they treat someone after 27 years?! How often are you paid? Can you just call out sick the last week?

 

[Snowflakey]

I would reach out to the Dept of Labor in the state you are in and inquire as to what your rights are. 27 years and they pull that?

I did - they don't have any laws about vacation. Sigh....