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Getting paid unused vacation time after leaving a company: law or courtesy?
Posted on 2/25/15 at 12:55 pm
Posted on 2/25/15 at 12:55 pm
I know someone who will be leaving a company soon and he is unsure if he should be using up his unused vacation time or not using it to get a check from his company instead. Is it a law that it has to be paid, or is it just a standard courtesy?
4
Posted on 2/25/15 at 12:57 pm to TIGERSby10
My understanding is that it is the law for vacation time. Sick time does not count unless they lump everything together as PTO.
This has been the case with all of my previous employers.
Also it will be prorated if they assign them in one lump. Last employer would add a years worth of leave on Jan 1st.
This has been the case with all of my previous employers.
Also it will be prorated if they assign them in one lump. Last employer would add a years worth of leave on Jan 1st.
This post was edited on 2/25/15 at 12:59 pm
Posted on 2/25/15 at 1:10 pm to MamouTiger65
Well from reading up online, it sounds like it is just a common policy and not a law. Contact HR
Posted on 2/25/15 at 1:17 pm to MamouTiger65
quote:
Well from reading up online, it sounds like it is just a common policy and not a law. Contact HR
Nope, in Louisiana it's the law.
Posted on 2/25/15 at 1:26 pm to hungryone
quote:
Nope, in Louisiana it's the law.
So even if the employee leaves on bad terms, he gets his unused time paid? I'm not talking about being fired for stealing, or failing a drug test, I'm saying more like going work for a hated rival/competitor.
Posted on 2/25/15 at 1:39 pm to TIGERSby10
He's under no obligation to tell them who he going to work for. The only thing he needs to say is that he is leaving for another opportunity.
Posted on 2/25/15 at 1:50 pm to VABuckeye
In Louisiana:
Annual Leave or Vacation Leave: Payable upon separation from employment.
Sick Leave or PTO: Not payable upon separation from employment.
That policy is spelled out by LWC. Book it.
Hint to Biz Owners: Change all leave to PTO. Why do you need a differentiation between leave types anyway?
Annual Leave or Vacation Leave: Payable upon separation from employment.
Sick Leave or PTO: Not payable upon separation from employment.
That policy is spelled out by LWC. Book it.
Hint to Biz Owners: Change all leave to PTO. Why do you need a differentiation between leave types anyway?
This post was edited on 2/25/15 at 1:51 pm
Posted on 2/25/15 at 4:33 pm to TIGERSby10
I have no idea which it is, but it was always my layman's understanding is that sick time was regarded as a benefit, but vacation time was considered part of your compensation and therefore owed on dismissal.
Its why you can get vacation pay in same cases even if you were fired for fricking up.
Although the obvious route either way is to see what his company's HR says.
Its why you can get vacation pay in same cases even if you were fired for fricking up.
Although the obvious route either way is to see what his company's HR says.
This post was edited on 2/25/15 at 4:36 pm
Posted on 2/25/15 at 7:43 pm to Volvagia
You get vacation pay regardless of the reason for separation unless malfeasance occurred. Period.
Posted on 2/25/15 at 7:53 pm to TIGERSby10
quote:
Is it a law that it has to be paid, or is it just a standard courtesy?
I left a job at a large national company in 2006 & they never paid me for the 7 outstanding vacation days I earned. I had a verbal agreement with my manager ahead of time that I'd be paid my remaining vacation time.
No law required them to do so even though they had done it for others that left voluntarily also.
I gave up trying to get paid a few weeks after I quit.
Posted on 2/25/15 at 8:10 pm to LSU
If the vacation time is accrued, they must pay you for it in LA. If they just give you X number of days on January 1st,they don't.
Posted on 2/25/15 at 8:45 pm to TIGERSby10
One might also benefit from checking out the company's policy on resignations. Does the company request written resignation a certain period in advance of your last day? This might be a reason for them to withhold vacation. Just don't bust up in the joint throwin the bird around and say it's your last day.
Posted on 2/26/15 at 8:30 am to jacquespene8
In Louisiana, regardless of when it is given, and regardless of how much you have accrued, designated vacation pay is payable upon employment separation, regardless of the reason for separation (outside of potential malfeasance).
This is policy per the Louisiana Workforce Commission. Not sure how many more times I can spell the policy out.
This is policy per the Louisiana Workforce Commission. Not sure how many more times I can spell the policy out.
This post was edited on 2/26/15 at 8:31 am
Posted on 2/26/15 at 12:16 pm to GFunk
If they don't pay and act in bad faith, they can be on the hook for 90 days wages as a penalty for not paying. If they owe you a good bit of cash and try not to pay call a lawyer. They'll pay quickly when the prospect of "penalty wages" comes out.
Posted on 2/26/15 at 1:39 pm to tes fou
Only time I didn't get paid when leaving a company was the one company that did a lump sum payout once a year.
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