HR Bees – Question about vacation time

posted 3 years ago in Career
Post # 3
Member
13168 posts
Honey Beekeeper
  • Wedding: July 2010

I’m not HR but I’ve never heard of a company not paying out vacation time that an employee has earned.  That is partly why many companies put limits on how much time you can accrue/roll-over.

Post # 4
Member
3635 posts
Sugar bee
  • Wedding: May 2012

I’ve always been paid out for my vacations, quitting or been fired. 

I think you’re in the right to expect it, and you’ve probably burned that bridge anyway so I would press them for it. 

Post # 6
Member
1302 posts
Bumble bee
  • Wedding: June 2013

@sit1010:  I am not HR either, but I’ve always thought that you would be compensated for unused vacation/sick time when you leave a company.

Post # 8
Member
164 posts
Blushing bee
  • Wedding: September 2014

@sit1010:  It goes by state labor laws. I have never been paid out vacation time because (from what I understand) NYS law states (loosely) vacation time is at the digression of the employer and is NOT mandated by law. You can see if they’ll pay but don’t be surprised if they don’t.

 

Whenever I leave a job, I try to ask for 3 weeks to put in my notice. That way I can come down with a nasty stomach flu or something and use up my time. 

Post # 10
Member
5199 posts
Bee Keeper
  • Wedding: April 2013

I am in HR, but in Canada, so this isn’t my area of expertise.  

 

However, the language in the law seems pretty clear to me. To me it looks like they need to pay it out, because it was part of your agreement with them that this earned vacation is a part of your compensation. They could get out of this if they had a well written policy in place, but it looks like they don’t.  

 

It also just seems like good business to me.  Otherwise you are going to have all of your employees taking time off to use up their vacation before handing in their resignations.  Why would they want to create that incentive?

 

Terminated should apply to quitting or being fired, both area a termination of the employment relationship.

 

Post # 12
Member
3570 posts
Sugar bee
  • Wedding: September 2011

No, you are not entitled to be paid out your vacation pay. 

“Vacation-leave not taken in calendar year will be lost if not taken.”  That is the policy. That IS the forfeiture clause.  They have written it out.  You use it or lose it. 

 

 

 

Post # 13
Member
10384 posts
Sugar Beekeeper
  • Wedding: September 2010

@MrsTVLover:  That just means there isn’t a rollover of unused vacation between calendar years. Any vacation time the OP has accrued this calendar year will be paid out.

OP: termination is termination – doesn’t matter if you quit or are fired. Unless you specifically signed something that stated unused vacation wouldn’t get paid out, you’re in the clear.

Post # 15
Member
11668 posts
Sugar Beekeeper
  • Wedding: November 1999

It looks like your policy says nothing about paying it out,m therefore you don’t get any paid out.

 

 

 

Also, it says “Vacation-leave not taken in calendar year will be lost if not taken.” Therefore, the most vacation you can have is what you accrued this CY.  Anything unused from previous years has not rolled over, so they won’t pay that out obviously.

 

 

 

Termination is generally defined as both voluntary and involuntary separation.

 

ETA – Acutally on reading the state policy on it, I’d ask about it.  It does sound like from that your employer would have eto pay it out since they offer it.  Your employers policies are unclear.  They’ll likely just pay it out if you bring it up, rather than want to deal with a potential law suit.

 

 

Post # 16
Member
2431 posts
Buzzing bee
  • Wedding: May 2012

Don’t know about NC, but I know when my husband left his last job his unpaid vacation time was paid out (NY). I would look into it. 

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