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Vacation at Termination Colorado

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  • Vacation at Termination Colorado

    Here's my situation. I gave my notice after my one year anniversary at my office. I earn 1 week of vacation each year. According to the accountant
    I show that you received 26 hrs of vacation pay. According to our employee handbook, vacation time does not carryover at the end of a year and it must be used in the year it was earned. Since the balance of your time was not used by your anniversary date it was forfeited. Please see Page 11 of the handbook below:
    Page 11 states:
    Vacations

    Vacation time is offered to full-time eligible employees based on a 'Years of Service' schedule, as outlined below:
    1st*& 2nd years: 5 working days per year
    3rd & 4th years: 10 working days per year
    5th year+: 15 working days per year



    Vacations are earned from your start date to a full year of your start date and are taken in the same year in which they are earned. Vacation time must be scheduled and approved in advance by your supervisor. CommTech will not carryover or pay out any unused vacation time from one year to the next.



    An authorized company holiday that falls on a normal business day during your vacation is not counted as a vacation day.



    If you are hospitalized during your vacation, any day of hospitalization will be charged to your sick leave, if available, rather than to your vacation time.



    When given advance notice, CommTech will consider requests for additional time without pay. If you have a special type of vacation in mind, talk to your supervisor to see if a solution can be reached.
    Here's my situation. In January (I started in August) I tried to take a weeks vacation but I was told that I hadn't earned enough vacation to be paid for a full weeks vacation. It doesn't seem right that they can say I can't take a weeks vacation because I haven't earned it yet but I have to use it in the year I earn it. Does anyone have any suggestions on a course of action I can take?

    Thanks for any advice,

    Brian

  • #2
    Co. --Accrued & unused vacation days are considered wages under the Wage Claim Act & are due & payable on separation from employment.

    Employers can have policies stating that unused vacation time doesn't carry over into the next accrual period.

    If you do not receive vac. pay due you, you can put in a claim with your state's DOL.
    Last edited by Betty3; 09-27-2007, 10:33 PM.
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