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  • frustrated artist
    replied
    Thank you, Sue!

    Leave a comment:


  • Sue
    replied
    Hi,

    Again, refer to your handbook and that same site as each case will be determined by the employer/employee agreement:

    "Accrued Leave Payouts

    Similarly, there is no law requiring employers to pay employees for unused vacation, but on occasion, Texas courts have made such awards. The company policy will govern whether or not the employee is entitled to receive this pay. Therefore, it is imperative that the employee handbook state the company policy regarding unused vacation and sick leave. If the policy is silent, employers may need to be prepared to pay for unused leave. An example of a policy that clearly states a company's position would be as follows:
    Generally, ABC Company does not pay accrued [type of ] leave to employees who leave employment. Any unused paid [type of] leave is forfeited upon an employee's work separation. However, unused [type of] leave may be paid out under the following circumstances:
    If an employee is involuntarily separated from employment for economic reasons as part of a company reorganization or a reduction in the workforce, the employee will receive the full balance of accrued, but unused [type of] leave.
    If an employee retires from employment pursuant to the Company's retirement policy, the employee will receive the full balance of accrued, but unused [type of] leave.
    If an employee voluntarily resigns from employment with at least two weeks' advance written notice, the employee will receive the full balance of accrued, but unused [type of] leave.
    If an employee voluntarily resigns from employment with less than two weeks' notice, but with at least one week's advance written notice, the employee will receive fifty percent (50%) of the balance of accrued, but unused [type of] leave.
    Any payment made under this provision will be subject to set-offs and deductions for any amounts due or owing pursuant to legal requirements and to the wage deduction authorization agreement signed by the employee.

    The handbook should explain how sick leave and vacation time is actually earned. For example, is the time earned on a monthly basis, by pay period, or after a certain period of service with the company, such as one year?"

    Leave a comment:


  • frustrated artist
    replied
    The post said they are not required to provide, but if they do pay for sick and vacation days, would they be required to pay for any accrual?

    Leave a comment:


  • Sue
    replied
    By law, no they don't have to pay you for any unsed vacation or personal days.

    http://www.twc.state.tx.us/news/efte...ick_leave.html

    "No law in Texas requires employers to provide paid vacation or sick leave."


    What does the handbook say? Can you talk to personnel?

    Leave a comment:


  • frustrated artist
    started a topic Personal days

    Personal days

    I have 12 personal days left and I'm thinking of quitting my job. Do "they" have to pay me for those days if I choose not to use them? I'm in TX.
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