1 week paid vacation question. Need advice please.

cjncustoms

Well-Known Member
Location
West jordan
So I'm quitting my job. Put my 2 weeks in this last Thursday. My question is if you have a 1 week paid vacation that was a "work it to earn it" basis. Meaning had to work there for a year before I got it. Do I have the right to that money? Have them cash me out for it? or use it as one of my weeks of my 2 week notice? Never really dealt with this before so any and all advice is greatly appreciated.

Thanks,
Calvin
 

Herzog

somewhat damaged
Admin
Location
Wyoming
The last place I left I ended up owing them because I took more vacation days than I had accrued through that year, even though they let you take them assuming you're going to be there the whole year. The place I was at before that ended up paying a week and a half worth of vacation days when I left. It was automatically included in my last deposited pay.

So I guess if you "accrued" those days according to their vacation schedule, then yeah I'd expect it to be payed out.
 

Caleb

Well-Known Member
Location
Riverton
It completely depends on how they give it out. As Herzog said, if you accrue it (i.e. xx hours per check or per week) then yes, they owe it to you. However, if you get 1 week at the start of the year to be used throughout the year, then no, they don't owe you any of it. If you can take it and not owe (like Herzog did), then use it for one of your last two weeks. The best person to ask would be your HR department. They aren't going to lie to you about it.

My last company changed their vacation policy after 25 years to giving the full amount at the first of the year and only allowing a week or two (can't remember) of carry over. So guys that had been there for 20+ years had to take 3-4 months off after accruing so much so they would;t loose it. They changed it solely for this exact reason. If they owe you vacation, that's on their books, lots of companies don't like to have that unknown obligation.
 

cjncustoms

Well-Known Member
Location
West jordan
It completely depends on how they give it out. As Herzog said, if you accrue it (i.e. xx hours per check or per week) then yes, they owe it to you. However, if you get 1 week at the start of the year to be used throughout the year, then no, they don't owe you any of it. If you can take it and not owe (like Herzog did), then use it for one of your last two weeks. The best person to ask would be your HR department. They aren't going to lie to you about it.


Well i do get a whole week at the start of the new year but i had to work there for a whole year before i got any vacation. So technically wouldnt that qualify as accrued time off? I would ask our HR department but that would just be asking my boss/owner. Its a small company. Only 2 employees me being 1 of them! lol Thats why im affraid he's gonna screw me out of it. But like i said its is a "work to earn" so hopefully he doesnt. I just didnt know what kind of grounds i have to stand on if he doesnt pay me out for it...
 

Caleb

Well-Known Member
Location
Riverton
That's not accrued, that's just "you don't get vacation till you've been here a year". IMO, he's not required to pay you out on it based on what you've said. A lot of companies don't give you any vacation until you've been there a certain amount of time. Most are usually around 90 days, some (obviously) are longer.
 

Spork

Tin Foil Hat Equipped
Check with HR/company handbook or manager. I work with a guy that quit his job and found out that legally they didn't have to pay his accrued time off out and he had over 100 hours accrued.
 

cjncustoms

Well-Known Member
Location
West jordan
That's not accrued, that's just "you don't get vacation till you've been here a year". IMO, he's not required to pay you out on it based on what you've said. A lot of companies don't give you any vacation until you've been there a certain amount of time. Most are usually around 90 days, some (obviously) are longer.

Yeah im sure this is what he's gonna say. He does anything and everything to get out of paying for anything. I guess ill just plan on counting it as a loss and maybe he'll suprise me and pay me out! But i doubt it....
 

DOSS

Poker of the Hornets Nest
Location
Suncrest
That's not accrued, that's just "you don't get vacation till you've been here a year". IMO, he's not required to pay you out on it based on what you've said. A lot of companies don't give you any vacation until you've been there a certain amount of time. Most are usually around 90 days, some (obviously) are longer.

X2.. many places are on the work for X length then you can start accruing vacation at X rate to create X amount of vacation a year... sounds like you have not accrued any vacation just the ability to earn some of it.. Look on your paystub, does it have a section for vacation accrual? if it has some I would assume you would get paid for that amount of time.
 

JL Rockies

Binders Fulla Expo
Location
Draper
The smart move would've been to schedule you vacation during your 2 weeks. There's no 'rule' that says they owe it to you, it's up to your employer. When I worked for Toyota back in the day, they would pay you any unused personal time as part of the year-end bonus. That was the 90's and I'm sure it's no longer that way today.
 

larrybenny

larrybenny
Most company's, especially a small one, want notice so they can look for a replacement. I would check with your boss and come to a fair agreement on what paid vacation you have coming, and have him make a commitment to you. In other words, use your notice as leverage.
 

OREGON85

from OREGON
I'm 99.9% sure he has no legal obligation to buy out your time off, but many companies do pay (all or part) or your vacation when you quit. My wife an I just went through this when I found a better job that required a move. My employer paid 100% and hers paid 50% for vacation and both 0% for sick. My current employer pays 100% too, which is kind of cool because I can accrue up to 260 hours, or about 1.5 months.
 

Cody

Random Quote Generator
Supporting Member
Location
East Stabbington
When I left CC, the hours I had accrued were paid out (we got .xxx days vacation for every .xxx worked).

At my last job, I had to be there a year to qualify for any vacation. I left in year 4, and I hadn't taken any vacation or sick time (I've never called in sick in my life--yes I'm awesome), but I didn't get paid on it. Since it was a "x" amount per year, and not directly tied to my hours, they didn't have to (nor did I really expect them to).

It sounds like you're in the same situation as my last job, so I don't think I would expect him to pay, nor would I fault him for it.
 
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