Quitting a job, do they have to pay you your vacation pay?

2k6750 · 02-21-2011, 11:22 AM

I need some advice ladies and gents. I'm about to be quitting my job to move on to greener pastures. The only problem is that I'm owed 2 weeks vacation pay and we are "not allowed to use them in busy season". I'm entitled to this money correct? I haven't put my 2 weeks notice in yet, and really need some advice. Should I try to get the pay before I put in my notice or just tell them at the same time? Legally they have to pay me right?

dexterdog · 02-21-2011, 11:24 AM

Ask to review your company policy. If you give two weeks notice per what is required in your company policy and you complete the two weeks without quitting early then they should be obligated to pay you the vacation pay.

senor taco · 02-21-2011, 11:27 AM

They should give you all the pto you aculmated on your last paycheck

koa24 · 02-21-2011, 11:27 AM

They do have to pay you. But, some places are able to tax you differently for cashing out vacation. For example, say you have 1 week of vaca. worth $2,000. If you cashed that out instead of taking the vaca. you may only get $1,000 because they taxed you differently.

hellrazor004 · 02-21-2011, 11:27 AM

I think it depends on the company. You should just ask HR, they are obligated to keep it confidential that you were inquiring about it.

The company I work for pays out vacation, however, if you decide and give your 2 weeks notice, you are not allowed to take vacation during those 2 weeks.

98tacoma27 · 02-21-2011, 11:29 AM

Nope.

tegdog · 02-21-2011, 11:29 AM

Depends, read the fine print in your HR manual. I have seen some pretty dirty stuff when it comes to vacation/PTO definately make sure you work the full two weeks of your notice that a big one.

Janster · 02-21-2011, 11:30 AM

Depends on your company policy and/or how they acrue your vacation.

My own company used to acrue vacation time after you worked X amount of months in a given year and your vacation couldn't be used until the following year. In other words, you had to work almost a full year before using you acrued time. This years vacation time is actually acrued from last year. If you quit after 3 months, you were entitled to your entire years vacation pay from last year.

They changed all that since and currently, you acrue your time in the same year.
So, if you quit the job after 3 months - you only get 1/4 of the vacation pay for that year.

crf69 · 02-21-2011, 11:37 AM

nope.....mine wont

Xaks · 02-21-2011, 11:45 AM

It varies from state to state AND company to company. There's some pretty dirty pool that gets played around this issue. Consult a big-chief-muckymuck in HR about this.

T@co_Pr3runn3r · 02-21-2011, 11:48 AM

Insist on using it before you give them notice. Make up any good reason. If they don't like it what will they do, lay you off? I know...file for short term disability, they'll have to use whatever vacation and/or sick time you have up first before starting to pay you your 60% of normal salary while on it, give them 2 week notice & go to your greener pasture.

Seriously, check the particulars of your situation. There is no certain policy they have to follow, no ISO anything for this other than there is no ISO for everyone. Check the HR policy. Don't give head's up about notice until you find out and while you're reading up on vacation, read up on giving notice since that isn't necessarily the same from one place to another either.

2k6750 · 02-22-2011, 01:20 PM

I told HR that I needed my vacation pay today. I was told they would have to clear it with the general manager. I wanna give 2 weeks notice, but I'm supposed to start my new job on the 9th of next month. I should wait until I get my vacation check to put in my 2 weeks right?

neontrail · 02-22-2011, 01:22 PM

quit and you'll lose it

get fired and they have to pay you whats owed

AeroCooper · 02-22-2011, 01:26 PM

Quote:

Originally Posted by koa24

For example, say you have 1 week of vaca. worth $2,000.

Da-yum!!! I want to come work where you do!!

Evil Monkey · 02-22-2011, 02:21 PM

In California, vacation accrual is the same as earned wages. The employer has to pay it back:

Q.
What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A.
Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck.

Evil Monkey · 02-22-2011, 02:28 PM

Found this concerning Florida:
http://www.humanresourceblog.com/200...-vacation-pay/

Nine states have laws saying employers must compensation their employees for accrued vacation time. The law covers employees who are fired or laid off, or who quit. The states are Illinois, Tennessee, Rhode Island, Oregon, North Carolina, Massachusetts, Louisiana, Maine, and California.

BrokenTusk · 02-22-2011, 02:38 PM

no idea how the states do it, but I know if I leave my job here in canada, my vacation time will be paid out last check.

UNLESS!!

You are working a job that pays out vacation time on each pay check normally. I've had jobs like that before, and its normally a small company thing.

Fightnfire · 07-24-2011, 10:44 AM

Some states, as mentioned above, have it written in law. Most don't. Usually it comes down to whatever is in your employee handbook, or written rules. Most will require a notice.

808matt · 07-24-2011, 10:48 AM

i'm gonna guess and say hes quit within the past 5 months already

cleanTRDmachine · 07-24-2011, 12:02 PM

Depends on the company. They may pay you, but like stated above they may tax the shit out of it. Certain companys, after you give them your 2 weeks, they cut you right there to save the payroll.
But if your company has a policy and procedure section on the company website, look in to that...you can never trust an HR to keep things 100% confidential...

02-21-2011, 11:22 AM	#1
2k6750 [OP] Senior Member Joined: Jun 2009, #18580 Location: Naples FL Gender: Male Posts: 184 2005 SWB Prerunner Double Cab TRD Offroad 2005 Double Cab Automatic 4.0 Toytec coilovers set at 3", 5100 shocks all around, rear AAL and 1"block, 18" Moto Metal 951's with 285/60/18 Terra Grapplers, Leer Topper, de-badged, T-rex billet grille, BHLM, K&N intake, Jardine catback, Doug Thorley Long Tube headers, 8" kicker solo barik, Clarion 7" in dash dvd player. 12.1" flip down screen	Quitting a job, do they have to pay you your vacation pay? I need some advice ladies and gents. I'm about to be quitting my job to move on to greener pastures. The only problem is that I'm owed 2 weeks vacation pay and we are "not allowed to use them in busy season". I'm entitled to this money correct? I haven't put my 2 weeks notice in yet, and really need some advice. Should I try to get the pay before I put in my notice or just tell them at the same time? Legally they have to pay me right?

02-21-2011, 11:27 AM	#3
senor taco ROLLIN ON RUST Name: Steve Joined: Jan 2009, #12330 Location: Monterey Bay, Ca Age: 29 Gender: Male Posts: 2,462 O7 Tacoma PreRunner SR5 2007 Double Cab Automatic V6 4.0 17in fj cruiser wheels satoshi grille with devil horns emblem Single in double out 50 series flowmaster with stainless tips Kenwod ddx512 double din touch screen DVD reciver with a single Rockford fosgate 12 in sub with an alpine amp tinted tail and third break light silverstar head and fog lights k&n drop in Billy 5100's on all 4 corners with a 2"AAL	They should give you all the pto you aculmated on your last paycheck __________________ MY BUILD Are you tough enough to drive a Tacoma? Join the club

02-21-2011, 11:27 AM	#4
koa24 One problem at a time... Joined: Feb 2011, #50878 Location: So. Cal Gender: Male Posts: 22 06 TRD offroad 2006 Double Cab Automatic 4.0L V6 6in Pro Comp Stage 2 Susp. lift w/ skip plates, Hella 500 lights behind grill mount, Air Raid CAI, Throttle body spacer, Gibson exhuast, Lots of audio/video, N Fab running boards, Grillcraft Grill, Rotora Drilled and slotted rotors. Future Mods: N Fab bed mount spare, HID's, Tint, Sliders, Armortech bumper.	They do have to pay you. But, some places are able to tax you differently for cashing out vacation. For example, say you have 1 week of vaca. worth $2,000. If you cashed that out instead of taking the vaca. you may only get $1,000 because they taxed you differently. __________________

02-21-2011, 11:29 AM	#7
tegdog Taco Lover Joined: Mar 2009, #15262 Location: Indiana Gender: Male Posts: 784 09 Tacoma Dbl TRD Sport 2009 Double Cab Automatic 4.0 ventvisors,seatcovers, bug shield,TRD CAI,TRD CAT BACK,blacked out emblems,bed extender, TSB leaf pack,Pro Dry filter, Grill craft upper, lower, & triangles, Hella 500 Black magics	Depends, read the fine print in your HR manual. I have seen some pretty dirty stuff when it comes to vacation/PTO definately make sure you work the full two weeks of your notice that a big one. __________________ The world would be a better place if a certain amount of vigilante justice were allowed.

02-21-2011, 11:30 AM	#8
Janster Old & Forgetful Name: Jandy Joined: Mar 2007, #1138 Location: Lancaster, PA Age: 45 Gender: Female Posts: 11,901 2007 4.0L 4x4 TRD Sport Access Cab A 2007 Access Cab Automatic 4.0L Advantage Torza top (tri-fold), Husky floor mats, RuffTuff seat covers, C2C hood struts, Homelink mirror, USA Spec PA15-Toy (120gig Classic & 8gig nano), Garmin Nuvi 660, Protecta Bed mat, Pop-n-lock, TSB Springs, Scangauge II, Heated drivers seat, Fumoto drain valve, Aries pushbar, PIAA 540 fog lights, Hood scoop grahics, Flowmaster 50 series dual catback exhaust, RainX Latitude windshield wipers, Husky rear floor liner (ontop of folded down seats). Console Vault.	Depends on your company policy and/or how they acrue your vacation. My own company used to acrue vacation time after you worked X amount of months in a given year and your vacation couldn't be used until the following year. In other words, you had to work almost a full year before using you acrued time. This years vacation time is actually acrued from last year. If you quit after 3 months, you were entitled to your entire years vacation pay from last year. They changed all that since and currently, you acrue your time in the same year. So, if you quit the job after 3 months - you only get 1/4 of the vacation pay for that year. __________________ Our Homepage http://www.lieblweb.com/ My truck photo gallery http://www.lieblweb.com/cpg/thumbnails.php?album=16 I know I'm in my own little world, but it's ok, They know me here. 2007 Toyota Tacoma 2006 Acura MDX 2001 Chevy Corvette

02-21-2011, 11:24 AM	#2
dexterdog everybody poops Joined: Jul 2009, #19571 Location: Oly WA Age: 40 Gender: Male Posts: 3,180 '09 Highlander Limited 2009 Automatic V6 Mudflap removal mod	Ask to review your company policy. If you give two weeks notice per what is required in your company policy and you complete the two weeks without quitting early then they should be obligated to pay you the vacation pay.

02-21-2011, 11:27 AM	#5
hellrazor004 Senior Member Name: Rob Joined: Jul 2009, #19240 Gender: Male Posts: 903 09 DCSB 2009 Double Cab Automatic	I think it depends on the company. You should just ask HR, they are obligated to keep it confidential that you were inquiring about it. The company I work for pays out vacation, however, if you decide and give your 2 weeks notice, you are not allowed to take vacation during those 2 weeks.

02-21-2011, 11:45 AM	#10
Xaks Cranky & often armed sysadmin Name: Xaks Joined: Dec 2009, #27030 Location: south Florida - west palm, lauderdaleish Age: 38 Gender: Dude Posts: 574 work beast '08 reg cab 4 cyl 5 spd 2008 Regular Cab Manual 2.7L just some Sony 6x9s I boxed up and wired into the back, and a big honkin' work box in the bed	It varies from state to state AND company to company. There's some pretty dirty pool that gets played around this issue. Consult a big-chief-muckymuck in HR about this. __________________

02-21-2011, 11:48 AM	#11
T@co_Pr3runn3r XXXXXXXXXXXXXXXXXXXX Joined: Jan 2009, #12767 Location: <-----------------> Gender: Male Posts: 8,890 08 RC Prerunner SR5 2008 Regular Cab Manual	Insist on using it before you give them notice. Make up any good reason. If they don't like it what will they do, lay you off? I know...file for short term disability, they'll have to use whatever vacation and/or sick time you have up first before starting to pay you your 60% of normal salary while on it, give them 2 week notice & go to your greener pasture. Seriously, check the particulars of your situation. There is no certain policy they have to follow, no ISO anything for this other than there is no ISO for everyone. Check the HR policy. Don't give head's up about notice until you find out and while you're reading up on vacation, read up on giving notice since that isn't necessarily the same from one place to another either.

02-22-2011, 01:20 PM	#12
2k6750 [OP] Senior Member Joined: Jun 2009, #18580 Location: Naples FL Gender: Male Posts: 184 2005 SWB Prerunner Double Cab TRD Offroad 2005 Double Cab Automatic 4.0 Toytec coilovers set at 3", 5100 shocks all around, rear AAL and 1"block, 18" Moto Metal 951's with 285/60/18 Terra Grapplers, Leer Topper, de-badged, T-rex billet grille, BHLM, K&N intake, Jardine catback, Doug Thorley Long Tube headers, 8" kicker solo barik, Clarion 7" in dash dvd player. 12.1" flip down screen	I told HR that I needed my vacation pay today. I was told they would have to clear it with the general manager. I wanna give 2 weeks notice, but I'm supposed to start my new job on the 9th of next month. I should wait until I get my vacation check to put in my 2 weeks right?

02-22-2011, 01:22 PM	#13
neontrail ✈ ✈ ✈ ✈ ✈ ✈ ✈ Joined: Apr 2008, #5844 Location: Idaho Gender: Male Posts: 10,558 2004 NISSAN XTERRA XE/SE 2004 Automatic V6 De-badged, Tint 20%, Blue 48 LED dome-light, .......	quit and you'll lose it get fired and they have to pay you whats owed __________________ Order TW Business Cards\|TW Counting Game\|the LIST\|TacomaWorld MINI CITY\|

02-22-2011, 02:21 PM	#15
Evil Monkey There's an evil monkey in my truck Name: Robert Joined: Aug 2007, #2352 Location: Escondido, CA Age: 51 Gender: Male Posts: 7,641 07 4x4 DC SR5 TRD Off-road 2007 Double Cab Manual 4.0L V6 Weathertech front & rear mats, rear suspension TSB, Toytec AAL for TSB, Hi-Lift Jack, Bilstein 5100 & Toytec Adjustable coilovers, Built Right UCAs, KMC XD 795 Hoss Wheels, Definity Dakota MTs 285/75R16, Leer XR, Thule Tracker II & Thule MOAB basket	In California, vacation accrual is the same as earned wages. The employer has to pay it back: Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job? A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck. __________________ Using The Search Function Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies. Groucho Marx

02-22-2011, 02:28 PM	#16
Evil Monkey There's an evil monkey in my truck Name: Robert Joined: Aug 2007, #2352 Location: Escondido, CA Age: 51 Gender: Male Posts: 7,641 07 4x4 DC SR5 TRD Off-road 2007 Double Cab Manual 4.0L V6 Weathertech front & rear mats, rear suspension TSB, Toytec AAL for TSB, Hi-Lift Jack, Bilstein 5100 & Toytec Adjustable coilovers, Built Right UCAs, KMC XD 795 Hoss Wheels, Definity Dakota MTs 285/75R16, Leer XR, Thule Tracker II & Thule MOAB basket	Found this concerning Florida: http://www.humanresourceblog.com/200...-vacation-pay/ Nine states have laws saying employers must compensation their employees for accrued vacation time. The law covers employees who are fired or laid off, or who quit. The states are Illinois, Tennessee, Rhode Island, Oregon, North Carolina, Massachusetts, Louisiana, Maine, and California. __________________ Using The Search Function Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies. Groucho Marx

07-24-2011, 10:44 AM	#18
Fightnfire Recklessly tired Name: Luke Joined: Jun 2011, #58178 Location: Washington State Gender: Dude Posts: 3,287 09 Access Cab V6 4X4 2009 Access Cab Automatic 4.0 V6 Softopper, Bilstein 5100's @ 1.75 in the front, TSB Rear, 17x8.5 Lvl 8 Guardians, 265/70-17 Hankook Dynapro ATM, Scooped, Anytime fog mod, Osram Nightbreakers, LED Interior lights, Debadged, Painted valance, Removed rear head rests, De-flapped, Hidden Hitch installed, Weather Techs, Flyzeye'd A/W/A, Cover Kings,... oh and the hot wife mod.	Some states, as mentioned above, have it written in law. Most don't. Usually it comes down to whatever is in your employee handbook, or written rules. Most will require a notice. __________________

07-24-2011, 10:48 AM	#19
808matt Senior Member Joined: Jun 2009, #18604 Location: hawaii Gender: Male Posts: 565 o6 PreRunner SR5 TRD sport 2006 Access Cab Manual 4.0 v6	i'm gonna guess and say hes quit within the past 5 months already __________________ o6 BSP Access Cab 6spd TRD Sport

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cleanTRDmachine watch the meat Name: Kyle Joined: Mar 2008, #5432 Location: Q-Town, PA Gender: Guy Posts: 4,277 06 DC TRD 2006 Double Cab Automatic 4.0 tint gray camo seat covers debadged color matched grille surround off of 06 TRD sport grillecraft black mesh grille Hella 500's demudflapped Toyota rear leaf TSB (first edition) 265/75/16 BFG AT TA KO's Flowmaster Super 40 #952445 Maglite Mod AntennaX 13in antenna Painted Lower Valance Vision X H4 Xenon headlights Halo Solaris H10 foglights Velocity Offroad 2.5 leveling kit (removed) Spidertrax 1.25" wheel spacers Rocky Mounts Clutch SD bike mount 4ft combo lock cable for bed extender Stage I interior LED's Toytec 1.5" AALs Extang Trifold Signature Series Bed Cover Reese front mounted tow hook Icon Stage 1 Suspension	Depends on the company. They may pay you, but like stated above they may tax the shit out of it. Certain companys, after you give them your 2 weeks, they cut you right there to save the payroll. But if your company has a policy and procedure section on the company website, look in to that...you can never trust an HR to keep things 100% confidential... __________________ *My Build*