In Maryland, is it against labor laws to not pay an employee for earned vacation time upon giving notice of leaving. I have earned approx 91 hours and my employer is stating they do not pay for vacation not taken upon notice.. that it is not terminal benefit?? Just want to know if anyone knows that this is legal or not. :rolleyes:
Pattymd
10-21-2005, 09:48 AM
According to Maryland law, the employer must follow its own policy. For example, if the policy provides for forefeiture of accrued vacation if a certain notice period is not given when quitting, the law will not force the employer to pay.
http://www.dllr.state.md.us/labor/wagepay/wpunusedvacpay.htm
Master Carpenter
12-12-2005, 11:00 AM
After submitting my resignation and giving three weeks notice, I am being told that once notice is given, it is state law that a person cannot take a vacation day during the notice period.
Beth3
12-12-2005, 11:04 AM
I am being told that once notice is given, it is state law that a person cannot take a vacation day during the notice period. That's a good one. :rolleyes:
I assure you there is no such State law in any State however company policy may well prohibit scheduling vacation after an employee has given notice. I've had to prohibit that. It doesn't do an employer any good for an employee to give two weeks notice and then immediately announce they're taking two weeks of vacation. In effect, the employee is giving no notice at all.
Master Carpenter
12-12-2005, 11:52 AM
In this caes, I am essentially providing two weeks notice with a final exit date at the end of three weeks. I was planning to take a few days during the third week, essentially leaving the two week period intact. They are telling me that Maryland state law allows them the deny taking this time during the third week.
Beth3
12-12-2005, 01:40 PM
They are telling me that Maryland state law allows them the deny taking this time during the third week. Maryland law allows an employer to deny an employee's vacation request anytime they wish because there simply is no State or federal law on this. In the absence of a law, a right is presumed.
Vacation time is ALWAYS scheduled at the convenience of the epmloyer. If they wish to deny your vacation request during the last week of your notice but there's no law that prohibits an employer from granting it either.