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Vacation pay and resignation notice

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  • Vacation pay and resignation notice

    My anniversary date at my job is a month away. I will have been there 9 years. I may have an opportunity to work for a great company and expect to hear from them within the next couple of days. Is vacation prorated? Would my employer, a small business be required to pay earned vacation up to this point, or will I have to forfeit my vacation completely in order to take this job? If I'm not entitled to prorated vacation, and I give notice in two weeks, could they terminate me in order to avoid paying vacation. Can they just refuse to pay vacation knowing that I'm leaving? Thanks for your help.

  • #2
    What State are you in?

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    • #3
      Vacation pay and resignation notice

      Sorry Beth3,
      I'm in Illinois. Thanks.

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      • #4
        Illinois reg's require that all earned but unused vacation be paid to an employee when he/she leaves their employment.

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        • #5
          Vacation pay and resignation notice

          Thanks Beth3, but what would happen if I gave notice 4 weeks before my anniversary date. I would be leaving 2 weeks shy of my anniversary. Is that considered earned vacation? Or, if I gave notice two weeks before, leaving on my anniversary, could they terminate me early just to avoid paying vacation? Thanks

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          • #6
            Those are all matters of company policy. Under some employers' vacation policies, vacation accrues monthly. Under others, it's annually either on the employee's service anniversary or on January 1st (or some other date.)

            The bottom line is that I can't answer those questions because I don't know anything about your employer's vacation policy.

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            • #7
              Vacation pay and resignation notice

              There is nothing that covers this topic in our employee manual. Would I have a leg to stand on to try to collect my vacation if they decline?

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              • #8
                Again, it depends on your employer's policy. If it accrues annually on your service anniversary and your employment ends prior to that date, they may not owe you anything. On the other hand, they may have a practice of paying it out on a pro-rated basis.

                You have three options: (1) give notice and take your chances; (2) ask your employer what their policy is; or (3) wait to give notice until after you have passed your anniversary date.

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                • #9
                  Vacation Time Qustion

                  I have a question, i had put my two weeks in at my job but ended up leaving a week early. I still had 14 hours of vacation left to be paid to me but my boss says they won't pay it because it was "job abandonment". Should I still be paid for those hours? I live in Minnesota.

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                  • #10
                    According to the MN state website, company policy determines whether vacation pay is due at termination.
                    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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                    • #11
                      How about Alabama

                      I am about to change companies and have 80 hours accrude. Am I owed the two weeks upon resignation or does it revert back to the company. This is Alabama.

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                      • #12
                        That depends on your company policy. Alabama does not require the payout of earned vacation at termination unless there is a written policy to that effect.
                        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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