Quitting a job - vacation earned

[runwad]

It's terrible that you're being treated like this. All I can say is learn from this and don't repeat it. You think they'd be appreciative that you gave them so much notice so they could plan for the next person.

 

[SMD]

I once gave 2 weeks notice after I had already scheduled 2 vacation days. I was allowed to take my vacation, but this in CA, where vacation time is vested and they would have had to pay it out. I wouldn't compare the situation to the other employee, they may have requested their days off weeks ago as opposed to submitted them in conjunction with their notice. I'd be careful at this point, an employer isn't obligated to honor notice, they could always accept your resignation immediately and then you'd not only lose your vacation days but the next month of salary. I agree with PPs that it is worth looking closer into your state's policy on vacation pay. If you don't want to ask here, try another forum, like Labor Law Talk.

 

[mnrose]

Some states REQUIRE employers to pay out accrued vacation. California is one. A google search for the Department of Labor in your state might quickly get you the information you need. Your mistake, IMO, was in giving way long notice. If you are in a state where employers are not required to pay accrued vacation, then I would have taken my vacation, and when I came back, two weeks notice would have been given.

Unfortunately for you, no employer is "obliged" to let you take your vacation after you've given notice (even in states like California, they can pay you in lieu but not let you "take" the time off). Some employers will voluntarily do so, but they certainly are not required to do so.

 

[ols386]

I think you should be able to either take your 6 days of vacation, or be paid for those 6 days.

 

[CdnCarrie]

I am shocked that not all states require the payment of accrued vacation.

 

[SMD]

I am shocked that not all states require the payment of accrued vacation.

FL doesn't even have a state labor department. After working in CA for over 20 years, I don't think I could work there.

 

[sunshine1178]

I hope you like your new job, because your whining about this issue has cost you any possible reference from your office and the corporation.

 

[anniemae]

Couple of thoughts:

first, stop comparing yourself to the other employee who is being allowed vacation. Once you leave, they will be short a person and will probably be unable to take vacation for a while until they hire and train someone else. Your boss probably wants to accommodate their vacation while you are still employed with them.

I know you want to take the 6 days in a row at the end of your notice so you have some time off before the new job, but if that does not work for them, I would take what you can get. It sounds like your boss is wiling to let you take a day off here and there to accommodate you. I know it's not what you want, but I would take those days even if it's not in a row.

I would not fight too hard, I never think it's a good idea to make waves with a former employer. You may need a reference in the future, or what if you get let go from you new company next year and need a new job? I would not want that door closed if I ever wanted to go back. I would not bicker over a few vacation days and soil your good standing with them. Leave on a high note.

 

[Allison]

It is common for companies to not allow vacation to be used in lieu of working out your last few days.

It is certainly not discrimination.

Companies are not going to lay out every policy and practice in an offer letter. That is not how it works so I wouldn't dwell on that.

I am confused about the 27 years you mentioned. It sounds like it is actually a year with the current organization and previous years with some kind of related organization? Is that correct?

 

[Minnesota!]

Here is what my company handbook says:

If you retire or terminate employment, you will be paid for any earned but unused vacation time, according to the schedule above. Vacation time is earned while you are performing the usual duties of your occupation or on a paid medical leave. If you used more vacation than you earned, you will be required to pay back the used but unearned vacation amount.

Vacation may not be used to extend your termination date. The last day you actually work will be your termination date. Any remaining vested vacation time you have will be paid out in a lump sum based on your base salary rate on your termination date.

The "schedule above" is this:

Prior to the last working day in January No Vacation
Prior to the last working day in February 8.33%
Prior to the last working day in March 16.67%
Prior to the last working day in April 25.00%
Prior to the last working day in May 33.33%
Prior to the last working day in June 41.66%
Prior to the last working day in July 50.00%
Prior to the last working day in August 58.33%
Prior to the last working day in September 66.67%
Prior to the last working day in October 75.00%
Prior to the last working day in November 83.33%
Prior to the last working day in December 91.67%
Last working day in December 100.00%

 

[kaytieeldr]

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

No intention of stalking you or determining where you are - but it's clearly not Massachusetts. Like California, there's a law here requiring payment of earned vacation time: "Employers who choose to provide paid vacation to their workers must treat those payments like any other wages. When employment ends, the worker must be paid for all unused vacation time earned under the employer's policy.

The AGO urges employers to have clear, written vacation policies. Every employer should give each new worker a copy of the policy when the worker is hired and ask the worker to acknowledge in writing that the worker understands the policy."

I get that your Labor Board doesn't address this. Contact your state's Attorney General instead - that's the agency which handles it here.

What was the policy when you were part of the main company - i.e. the first 96%+ of your history with them? I'd want to know why/when the policy changed, if it did, and why you weren't informed.

 

[Branflakes]

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

Whoa!! Hold on one second. You've been employed by this company for 27 YEARS???
And they are crapping on you over 6 days? Quit. Take your days with you. After a lifetime of dedication to a company, you deserve to be treated better. They're upset. So what. It's not your burden any longer as you've made a choice to move on for something more suitable to YOUR needs. They could have been amicable, but now are just going to squeeze what's left out of you to the very last moment.

They should be happy for you and throwing you a going away good luck on your new adventure party!

I suggest you contact your NEW employer, and see if you can move your start date to two weeks and a weekend from the day you told your current employer you're leaving.
Good riddance!

 

[kaytieeldr]

I hope you like your new job, because your whining about this issue has cost you any possible reference from your office and the corporation.

Unless one of us is either her boss or her coworker, I don't see how asking for policy information from her manager is going to affect her referenciness.

first, stop comparing yourself to the other employee who is being allowed vacation. Once you leave, they will be short a person and will probably be unable to take vacation for a while until they hire and train someone else. Your boss probably wants to accommodate their vacation while you are still employed with them.

They're short a person every time one of the other two people take time off.
They're short two people when both do.
Three jobs ago, my department dwindled down to just my manager and me. A few weeks before my long-approved, non-refundable vacation I reminded them I would be out. In response to, "what can we do to get you to work that week?", I asked to be reimbursed the cost of the trip. They hired the extra person within a week.
Five - even four - weeks makes it likely the office can hire someone in time for the opposite to train.

It is common for companies to not allow vacation to be used in lieu of working out your last few days.

It is certainly not discrimination.

Companies are not going to lay out every policy and practice in an offer letter. That is not how it works so I wouldn't dwell on that.

I am confused about the 27 years you mentioned. It sounds like it is actually a year with the current organization and previous years with some kind of related organization? Is that correct?

It sounds like her former employer spun off her department into its own entity. Insurance, maybe?

 

[anniemae]

Unless one of us is either her boss or her coworker, I don't see how asking for policy information from her manager is going to affect her referenciness.

They're short a person every time one of the other two people take time off.
They're short two people when both do.
l

In a 3 person office, they probably don't let more than one person take vaca at a time. They are probably putting the employees who are staying priority in taking vacation at this point before OP leaves and they are down to a 2 person office. At that point I would say nobody would be able to take vacation as one person would have to do the work of 3. It can take a lot of time to hire someone, from putting an ad in the paper, collecting resumes, setting up interviews. Then when you hire someone, chances are they have to give a 2 week notice at their current job. Sure they can grab a temp, but maybe they don't want take that route.

 

[KAMLEM]

My company has employees in almost every state and in most cases we were required to pay out accrued vacation when someone left. That was up until this year where we went to an unlimited vacation time policy. Since vacation time is now unlimited and NOT accrued we are not required to payout vacation time when someone leaves.

 

[Mickeyluver37]

This is just semantics. You did not really give 5 weeks notice if you said for instance, my last day is April 28, but in reality, I'm not coming in past April 21st, and I will take vacation the last week in April. You then are giving 4 weeks notice and asking your vacation to be paid out.

My company would let you do that as long as you gave at least your 2 weeks. But a person with 2 weeks accrued can't come in and say, I'm giving my 2 weeks notice today, but also taking the next 2 weeks off. The notice is a courtesy for the employer to find time to replace the person.

 

[sam_gordon]

Did the OP ever say if getting the vacation time paid out was an option?

 

[Snowflakey]

I'm in Australia where you would be entitled to be paid out your vacation leave that you had accrued and not used when you leave. However, as a supervisor I would be unlikely to allow someone to take a large block of leave after giving notice because I would need them to stay around and finish work, help with handover to new staff etc. Have you clarified that they definitely will not pay it out? Have you offered to just take some long weekends rather than the long block of days so it is less disruptive?

Yes they will not pay it out. I've even offered for THEM to choose what 7 days to give me off and they won't.

They are allowing me to have 2 days of the 7 vacation days because I had asked for them off in January so I guess that is better than nothing.

 

[Snowflakey]

Rookie mistake. You need to use the vacation first and then put in your notice after.

Before you put in your notice, you really need to take 10 minutes and think through all the possible ramifications and come up with a plan that allows you to maximize all the benefits/perks you've earned.

Rookie mistake - ha ha The thing about it is I really did take time to think about what I was doing. Unfortunately the goodness in me won over being deceiving and taking my time off then quitting. I thought they would respect me giving them an entire months notice minus my 7 days. I was wrong.

It's all good - I can't wait for my next adventure!!!

 

[sam_gordon]

Boss is saying he will see if I can take "a day here or there off".

I've even offered for THEM to choose what 7 days to give me off and they won't.