unused vacation
unused vacation
(OP)
My wife isabout to give her notice later this week. She has 3 vacation days left. Thoughts?
drawn to design, designed to draw
INTELLIGENT WORK FORUMS
FOR ENGINEERING PROFESSIONALS Come Join Us!Are you an
Engineering professional? Join Eng-Tips Forums!
*Eng-Tips's functionality depends on members receiving e-mail. By joining you are opting in to receive e-mail. Posting GuidelinesJobs |
|
RE: unused vacation
RE: unused vacation
RE: unused vacation
RE: unused vacation
David
RE: unused vacation
The key being EARNED vacation. Many salaried employees are alloted the year's worth of vacation at the beginning. I've heard of that allotment being prorated to determine the amount earned when someone resigns to reduce the quantity of vacation remaining - and hence the payout for it. I've never heard of anyone being penalized for using more vacation before resignin than they would have been prorated.
RE: unused vacation
drawn to design, designed to draw
RE: unused vacation
RE: unused vacation
Regarding notification of departure, if you work in a state that is "at-will" employment, this means they can terminate you without warning, as an employee can leave without any notification or providing two week notice to the employer.
RE: unused vacation
IT DOES NOT MATTER WHAT-SO-EVER what your wife's company policy is regarding unused vacation. If you are in the US, there is a federal law, called the Golden Bear Rule for the case precedent, that mandates all unused vacation time be treated as if it were wages. It is Federal law that vacation time is accrued pro rata, i.e., they must pay her fractions of days if that is the standard by which they pay her wages. If she is paid monthly, they must calculate her wages to the nearest day, not the nearest month.
If her employer gives her any grief, tell her to file a complaint with the local labor board. I will guarantee that her employer will not need any more than one phone call to their labor attorney to set them straight. I've been there on the employer side. I tried to fight company vacation policy against two ex partners and lost a huge sum to attorney's fees, and had to pay the vacation time on top of it. As I recall, it was even more vacation time than they had initially demanded.
"If you are going to walk on thin ice, you might as well dance!"
RE: unused vacation
I cannot understand how that worked, did they pay you for that original weeks 'vacation'? If not then what did they doc it from your pay for?
RE: unused vacation
"Upon termination, employees will be paid for accrued but unused PTO. If accrued PTO has a negative balance, that time will be deducted from employee's final pay. "
drawn to design, designed to draw
RE: unused vacation
You are absolutely right, the law trumps policy.
BUT, any company big enough to have an HR department will always point to their policy while trying to shaft folks (especially someone leaving). A friend of mine actually showed me the letter he got from HR when they told him that his vacation was based on his official annual salary (prorated to account for his April raise) divided by 8766 hours. Seems like it worked out to around $10/hour, then they took out for all his benefits (including a non-matched contribution to his 401K, and a full month's insurance). He called the HR person who signed the letter and got "read the policy". It was 4 weeks vacation so he took the letter to a Lawyer. I never heard exactly what happened, but the next time I saw him he definately felt better even though he had to sign a non-disclosure to get whatever settlement he got (I'm assuming it was more than fair or he would have sued).
Companies will always point to policy manuals. We as mere mortals believe that the manuals are based in law. Not always a good assumption.
David
RE: unused vacation
I view the word termination meaning being fired. In that case, if you're resigning, it would be different.
I once got caught, b/c I used my 90% of my vacation days by October and was laid off shortly after. Since I had used more days off than already earned for that year (by Oct you get 10/12 of your total time which is less that 90%), I was given $0 instead of money for the last day I would have been able to use that year. I viewed it as a plus, b/c I was worried they'd make me pay the 'extra' vacation time I'd taken.
RE: unused vacation
http://www
For a discussion of the 1989 Supreme Court ruling,
htt
"If you are going to walk on thin ice, you might as well dance!"
RE: unused vacation
RE: unused vacation
What is Engineering anyway: FAQ1088-1484: In layman terms, what is "engineering"?