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Quit job . . . what happens to unused vacation?

Started 1279309824.59 in Among Friends | Last reply 1279575225.77 by GrannySherry

My co-worker quit her job yesterday, effective July 30. She has 2 weeks of unused vacation days. Is the boss required to pay her for her unused vacation days? We do not have a contract or any type of employment agreement. It's an "at will" job.

~SEA~

~SEA~

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Miss Lorra­ine1279309923.7136805 PostsRegistered 3/23/2007

My guess is that, since she hasn't taken it, she won't get paid for it. But let us know; I'd like to know the answer too.

gonnab1279310070.7733018 PostsRegistered 8/10/2007Conn.

Where I work - you lose untaken vacation.

age 78, sensitive/combo skin, few fine lines, lack of firmness especially to cheeks, short natural (never colored) grey hair, brown eyes

chickenbutt1279310243.1224221 PostsRegistered 1/16/2006chickentown

Most companies will have a cut off date that makes that decision. For example - if you work through a certain time in the calendar year, your vacation time for that particular year has accrued. If you have not, then it goes 'poof'.

So, if her July 30 date meets that criteria, and SHE should know this information, she will be entitled to the vacation accrument for this year.

Bippity boppity BOOYAH!

hawkeyegirl1279310286.803106 PostsRegistered 11/17/2004

I work for a city government, and according to policy, the person who resigns gets paid for unused vacation and also vacation that has been accrued for next year.

Jane

purrmom1279310294.4373400 PostsRegistered 5/27/2010Mid-MO

Any place I ever worked it depends on company policy. I always got unused vacation with proper notice, but not unused sick days.

ennui1279310294.76319957 PostsRegistered 4/17/2007

Everywhere I've worked, you get paid for unused vacation, but you lose any sick leave balance.

I think it's up to the employer, though. I have seen instances where someone gives notice, and the company doesn't want them around, so they tell them to use their vacation until their last day.

"Enjoy the little things, for one day you may look back and realize they were the big things." ~ Robert Brault

margarita561279310303.65539 PostsRegistered 6/29/2008North Alabama

What is an "at will" job?

~*~*~*~*~*~*~*~*~*~*~*~*~*~*
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hate me because I'm obnoxious.

ennui1279310425.0819957 PostsRegistered 4/17/2007

Why didn't your friend research this before she quit? Then she could use her vacation, and give notice when she got back.

"Enjoy the little things, for one day you may look back and realize they were the big things." ~ Robert Brault

maggiemay1279310430.58784 PostsRegistered 10/6/2004

Every company has their own policy. Ours will pay out whatever's been accrued but unused.

Margarita - "at will" basically means that there's no written contractual agreement between employee and employer.

Kathleen1279310524.00713143 PostsRegistered 8/7/2006East Side, West Side, All Around The Town ... London Bridge is Falling Down

Do you have an HR policy manual? It should all be spelled out there.

Nightowlz1279310817.319697 PostsRegistered 10/6/2004

If she quit without notice she should have taken her 2 weeks vacation first. That's what I would have done. Where my hubby works they would pay him for any vacation & PTO he has on the books. His sick leave if not used eventually rolls over to PTO. (Personal Time Off) which can be used any time. All you have to do is call & say I'm taking a PTO day. He gets a combined total of 7 wks per yr off plus all paid holidays.

“If there are no dogs in Heaven, then when I die I want to go where they went.” Will Rogers

Skintech1279311042.463209 PostsRegistered 7/4/2007
On 7/16/2010 margarita56 said:

What is an "at will" job?

An "at will" state means, an employee can quit without notice or reason and an employer can terminate an employee without cause, warning, or notice.

As for the vacation time. If there is an employee manual, the policy of vacation and sick time should be spelled out.

colson1279311368.0637438 PostsRegistered 10/23/2007East Coast

I have quit and been laid off from at will jobs, and they usually pay you for the unused vacation time. If they determine it is earned year to date, she should be paid for that.

However, she should have checked the policy manual first since they can make an exception. Either way, most cases, you are paid. she has given her two weeks notice and done everything right though.

She should just outright ask HR !!!

bunsrich1279311403.0616 PostsRegistered 9/10/2007

Firstly, it depends on the state you live in and also your company policy. In California, for instance, all accrued vacation time not used, must be paid to the employee with their final check. If you resign the company has 72 hours to prepare your final check(s) if you are fired the check(s) must be handed to you immediately.

straykatz1279311427.298884 PostsRegistered 6/13/2007

Accrued vacation would be paid. However, if you work for a company that gives 2 weeks up front without accruing it throughout the year then you might be entitled to that full 2 weeks or might only be entitled to 1 week since it was only 1/2 way point of the year.

@-->-->---

Sometimes you just need to take a nap and get over it.

Tramost1279311526.94386 PostsRegistered 7/8/2010

It depends on which State your friend is working in. Each State has its own set of labor laws. It's not up to the company policy, but on what the State mandates. In California, companies are required to pay any unused PTO (combination of sick and vacation) or unused vacation hours; sick hours are "use it or lose it" and not payable.

Rap21279314100.35713235 PostsRegistered 5/24/2006

I think each employer has their own policy.

From my former job. Ist 90 days is probationary period. You accrue pto but you can't use it. If you quit or are terminated during this period, you lose the time accrued.

90 days to one year. If you quit or are terminated, you are paid 50% of pto time accrued but not used.

After one year; when you leave, you will be paid 100% of accured but unused pto time.

There should be a booklet given out at hiring with the information.

ennui1279314909.37319957 PostsRegistered 4/17/2007
On 7/16/2010 Tramost said:

It depends on which State your friend is working in. Each State has its own set of labor laws. It's not up to the company policy, but on what the State mandates.

True, but sometimes small companies are exempt.

"Enjoy the little things, for one day you may look back and realize they were the big things." ~ Robert Brault

Sheilaray1279315495.7673711 PostsRegistered 7/31/2007

At the small company I worked for, moral was always very low, and upper management did not care.

It was a sure sign that someone would be quitting soon when they started using up all their vacation time - {#emotions_dlg.laugh}

CalmInTheH­eart1279315681.0477279 PostsRegistered 7/14/2007
On 7/16/2010 seaswirl said:

My co-worker quit her job yesterday, effective July 30. She has 2 weeks of unused vacation days. Is the boss required to pay her for her unused vacation days? We do not have a contract or any type of employment agreement. It's an "at will" job.

~SEA~

Ask the employer. It depends on their policy. There isn't any law that says they have to pay it.

Peace

Brabls1279316421.3214740 PostsRegistered 4/27/2007

I never was paid for unused vacation. But I always receved 4-8 weeks severance pay. Was a better deal.

Last edited on 7/16/2010

Last edited on 7/16/2010

Silver Lin­ing1279316544.1973641 PostsRegistered 4/15/2010

I don't know if there are state or federal laws specifically requiring a private owner of a business to pay for unused sick or personal leave. Those practices by private owner(s), I think, are at the discretion of the owner. There is rarely (or never) a human resouces person and probably not even a policy in writing in those, usually small, business.

qvcfreak1279323264.215942 PostsRegistered 3/14/2005

If it's an "at will", job, No, she should've taken vacation first and then quit. State, Gov't and Federal will pay any unused Annual Leave.

crdlb1279323421.83313162 PostsRegistered 6/24/2009So. Cal.

In the state of California, you do get paid for unused, earned vacation days if you are terminated. If you're 6 months into your "year" and you get two weeks vacation per year, then you would be owed 5 days pay. I don't think it applies if you voluntarily quit.

Yuban31279332264.7938870 PostsRegistered 11/1/2006

What I did when I left my last job was, as soon as I had found out that I had been hired for the job that I have now, I typed out my resignation letter, stating my quit date. I had unused vacation time, and I got paid for those vacation days.

My last working date I think was July 31, and I had about a month's worth of unused vacation time. What the hr person did was put me on "vacation" for the 30 days after the last day that I worked, so that way, I got paid for my unused vacation days.

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