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Connecticut labor law pertaining to 2-week notice. Connecticut

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  • Connecticut labor law pertaining to 2-week notice. Connecticut

    My wife is about to receive her background check for a new job which she already received an offer for. She will not give her 2 weeks until everything is final.

    What I would like to know is if she were to give 2 weeks notice and want to take the final week as her vacation, could her employer deny?

    Also, if he denies her vacation time is it a legal must for him to reimburse her for that vacation time? Does the same apply for sick time as well?

    Thank you all for all your help
    Rob

  • #2
    What I would like to know is if she were to give 2 weeks notice and want to take the final week as her vacation, could her employer deny? Yes. Vacation is always taken at the convenience of the employer. Chances are it won't be convenient for the employer for your wife to take vacation during her last week there.

    Also, if he denies her vacation time is it a legal must for him to reimburse her for that vacation time? I went to CT's DOL website and didn't find anything there that indicates earned but unused vacation must be paid at separation.

    Does the same apply for sick time as well? No State requres the payout of unused paid sick time when employment ends.

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    • #3
      Addendum: I found a CT DOL wage claim form on their website that would seem to suggest that vacation is payable upon separation if the employer has a written policy of doing so.

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      • #4
        Ok, here we go - from CT's statutes:

        Payment of fringe benefits upon termination of employment. (Sec. 31-76k). If an employer policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, including but not limited to paid vacations, holidays, sick days and earned leave, and an employee is terminated without having received such accrued fringe benefits, such employee shall be compensated for such accrued fringe benefits exclusive of normal pension benefits in the form of wages in accordance with such agreement or policy but in no case less than the earned average rate for the accrual period pursuant to sections 31-71a to 31-71i, inclusive.

        Whew.

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        • #5
          beth

          thank you so much for the work put forth.
          so it is completely dependant on the employers policies and rules establish at hiring.

          Her office is rather small and i do not know if they even have a policy handbook. I have a feeling her boss is not privy to this information which is good.

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          • #6
            so it is completely dependant on the employers policies and rules establish at hiring. Exactly.

            Her office is rather small and i do not know if they even have a policy handbook. I have a feeling her boss is not privy to this information which is good. Maybe, maybe not. I doubt your wife is the first employee to have ever resigned her employment. Your wife can always put in her two weeks notice and ask to schedule vacation for the second week. If the boss declines, then she can say that she'll anticipate seeing the week of vacation she is owed on her last check. Whether the boss knows he doesn't have to pay that to her is anyone's guess.
            Last edited by Beth3; 08-15-2011, 08:23 AM.

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            • #7
              Beth3

              Thank you for all your insight and work that you have done. I am glad to report that my wifes former boss actually acted humanely for once and was fine with her taking her last week of vacation as a part of her 2 weeks.

              Have a wonderful Monday!!!

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              • #8
                You're very welcome. Good luck to your wife on her new job.

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