quick question
just a quick question for all of you. I'm leaving my current position but have 3 weeks left of vacation. I could never take vacation during the year because I work retail and they black out half of the year. If i leave, my significant other says i'm entitled to that vacation pay since i've earned it, but someone else tells me that they don't have to give it to me. What do you think? Do some companies give you that vacation time and some don't?
This totally varies by state. In most states it is up to the company policy. If the company says they' ll pay it out, great, if not, too bad, sorry! After reading my email below check out the NYS-DOL - (New York State - Department of Labor' s web-site under FAQ - (Frequently Asked Questions), for a more comprehensive understanding of your rights and any remaining questions you can also reach them by phone. A word of advice, always do your own investigating, especially in matters like this, sometimes, people only know half truths, so listen, but also investigate for yourself, knowledge is power. You have to read your company' s policy (Employee handbook) or contact someone in your HR dept regarding vacation pay-out to former employees, you can attempt to do this in person, via phone/by other anonymous means. Based on your question, I assumed you didn' t use any of this vacation time, nor do you plan on using it, correct? If that is the case, make sure you request in your resignation letter, that the said company include your final pay in one check and then, the unused vacation hrs (ex. 7hrsX5daysX3wks or 35+35+35 = 105hrs) in a second check, which both checks are either mailed to you, at your current address or set aside for your personal pick up. Note, before indicating the 105hrs in your resignation letter to said company, make sure you check the EHB/with HR regarding how vacation time is accrued meaning: daily or monthly accrual= @2.34 monthly, so you can come up with the right amount of hrs owed to you. Most companies usually do what is written or assumed by former employees, unless they really care to look into it and do the right thing professionally. Also note, if you had direct deposit at the said company, your final pay check(s) will be a LIVE check that you have to deposit at your financial institution. Lastly, did you give two weeks notice? Some employers will try to deduct the two weeks, if not given notice and no written policy in effect. This may also differ from the public to private sector. However, NYS is an at will employment state, meaning notice is usually done as a courtesy, not required on both the employer' s and employee' s end. I wish you the best! Let us know how you make out. Some companies treat your vacation hours as a benefit, not as part of your pay. When I left the government, I had accrued two and a half weeks of vacation and a total of 200 hours of sick time. The policy of the government agencies is to pay out the vacation upon self-termination and allow the employee to donate the sick time to employees in need within all the government agency's departments. If the employee who is leaving decides to not donate the sick time, it is lost. Nobody will get it. If the employee is terminated other than by self, the employee can obtain any unused vacation time in an extra check, but the option of donating the sick time is no longer viable. It is lost - end of story. My sister has a job in the private sector where, once a year at Christmas, if the employee uses one day or less of sick time, they give the employee (depending on the amount of time at the company) $200 - $500 and the sick time accrued is taken away. If the employee terminates, self or otherwise, within one year of that particular bonus payout, the employee has to pay back the bonus plus loses any unused vacation time. Point of this is: check with policy of the store in which you work to determine if you are eligible for those unused vacation hours to be paid to you. Even with blackout times, the store may have had a use it or lose it policy which, in most retail positions, is the case. | |
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