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vacation pay after leaving for another job Texas

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  • vacation pay after leaving for another job Texas

    I left my past employer to take another job closer to home. I received my final check but it did not include the vacation time that was remaining. If you leave your job are you entitled to accured vacation time? Second question - if I worked extra hours to make up for time spent at doctor-dentist appointments instead of taking vacation can I still get the original accured vacation.
    Last edited by resajohnson; 03-20-2007, 08:13 PM. Reason: clarify my second question

  • #2
    In Texas you only have to be paid for unused vacation time if there is a policy or past practice of doing so. Texas is what a colleague of mine calls a follow-the-policy state; they aren't required to pay it out by law but they are required to follow their policy or past practice.

    I'm not sure I follow the rest of the question.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      I'm not sure I follow the rest of the question.
      The OP was salaried and took some time off for doctor's appointments and made up the time by working an extra three hours a day. (I am assuming the OP was salaried, exempt).

      I think the question may be about the impact of those extra hours on vacation. The answer would be absolutely nothing unless company policy provided for it. Certainly no law would require extra vacation for extra work, especially for exempts who don't get any extra pay no matter how many hours they work.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        Splitting hairs--

        Originally posted by cbg View Post
        Texas is what a colleague of mine calls a follow-the-policy state; they aren't required to pay it out by law but they are required to follow their policy or past practice.
        I agree in pertinent part, cbg. However, the law in Texas requires payment of accrued vacation pay only to comply with a written policy, not a past practice. Section 821.25 of the Texas Administrative Code provides:
        (a) For purposes of §61.001(7)(B) of the Act, vacation pay and sick leave pay are payable to an employee upon separation from employment only if a written agreement with the employer or a written policy of the employer specifically provides for payment.

        §61.001(7)(B) of the Act is that part of the Texas Payday Law that defines wages as vacation pay, holiday pay, etc., owed under a written agreement or a written policy of the employer.

        It's a distinction that TWC draws, and they will not order payment unless there is a written policy, regardless of any practice of the employer. It truly is a "follow the [written] policy state".
        Last edited by Texas709; 03-20-2007, 04:29 AM. Reason: clarify citation

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        • #5
          That's good to know, Texas, thanks.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Thanks my questions were answered-I will check the hand book

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