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HR Gurus: Need help regarding earned vacation time and resignation
Posted on 8/3/17 at 3:51 pm
Posted on 8/3/17 at 3:51 pm
I'm going to be putting in my two weeks tomorrow, and I have 2 weeks of PTO left that I haven't used. I know Louisiana requires employers to pay out unused vacation at termination, whether it is being fired or quitting. But I just want to make sure there is no sneaky language in here that would screw me out of getting my PTO on my last check.
I've highlighted the key spots. The main line I'm worried about is "they do not constitute a wage". Anybody have some experience with this or anybody here work in HR and can help?
I've highlighted the key spots. The main line I'm worried about is "they do not constitute a wage". Anybody have some experience with this or anybody here work in HR and can help?
This post was edited on 8/3/17 at 7:30 pm
3
Posted on 8/3/17 at 4:09 pm to Indigold
Ask when you submit your resignation. Boom problem solved.
Posted on 8/3/17 at 4:12 pm to ATLdawg25
quote:
Ask when you submit your resignation. Boom problem solved.
Well I'm going run my own business, so I'm not in a real bind to leave in exactly two weeks. If I'm not gonna get paid for it, I might just take a few days off for the next couple weeks then put in my two weeks. Just trying to clear things up before I do.
Posted on 8/3/17 at 4:24 pm to Indigold
I always thought only accrued vacation got paid out, because then people would quit Jan 1 after their vacation restarted.
Posted on 8/3/17 at 4:47 pm to barry
I thought so too. His policy reads different than I've seen. I'm used to accruing monthly.
10 Days PTO per year meant:
Jan 1 = .8333 days
Feb 1 = 1.667 days
Mar 1 = 2.5 days
Etc.
So if you quit on March 25th and did not take any PTO you would get 2.5 days or 20 (2.5*8) extra straight time hours on your final check.
10 Days PTO per year meant:
Jan 1 = .8333 days
Feb 1 = 1.667 days
Mar 1 = 2.5 days
Etc.
So if you quit on March 25th and did not take any PTO you would get 2.5 days or 20 (2.5*8) extra straight time hours on your final check.
Posted on 8/3/17 at 4:47 pm to barry
quote:
vacation earned but not taken will be pro rated on the employee's final check
Sounds like if OP had 10 PTO days for the year and his last day is August 31, they'll pay him roughly 2/3 of the amount of pay that the 10 days of unused PTO would've been.
That would make sense, as it prevents what you mentioned.
Posted on 8/3/17 at 5:41 pm to Indigold
quote:
Well I'm going run my own business, so I'm not in a real bind to leave in exactly two weeks. If I'm not gonna get paid for it, I might just take a few days off for the next couple weeks then put in my two weeks. Just trying to clear things up before I do.
Hell, if that's the case I wouldn't worry about leaving now. Use up the PTO, stack up a little more cash while coasting your way out the door. What are they gonna do, fire you?
Posted on 8/3/17 at 6:49 pm to Indigold
We had this issue last year. PTO policy read as you received all PTO up front and we had 2 employees leave at the beginning of the year. And wanted their pay out. The way it was worded we just paid it out to avoid any legal issues. The Louisiana law on this is kinda vague for PTO vs vacation time. I had just come on board for the company so I made sure to get the policy wording changed to accrue 1 per month.
Posted on 8/3/17 at 7:36 pm to Teddy Ruxpin
quote:
Hell, if that's the case I wouldn't worry about leaving now. Use up the PTO, stack up a little more cash while coasting your way out the door. What are they gonna do, fire you?
Yeah I know. But my new company is picking up in production and I feel like it would go a lot smoother with me there full time. Plus I've been working from 7-4 at my current job then 4:30 to about 8 every night at my new gig. So, needless to say, I'm beat. Been doing this for the past 2 months, and things are looking up so I feel like now's the time to do it.
Posted on 8/3/17 at 7:38 pm to Tiger Prawn
quote:
Sounds like if OP had 10 PTO days for the year and his last day is August 31, they'll pay him roughly 2/3 of the amount of pay that the 10 days of unused PTO would've been.
That would make sense, as it prevents what you mentioned.
That makes sense. Thanks for yall's help. Now I just gotta actually do it
Posted on 8/3/17 at 8:59 pm to Indigold
Good luck in the new business venture 
Posted on 8/3/17 at 10:44 pm to Tiger Prawn
PTO isn't legally payable upon separation in Louisiana under the Employment Security Law. Regardless of who is the moving party that initiates the separation of employment.
Vacation time = payable
Sick Leave =/= payable
PTO =/= payable
Your employer may end up paying you out, but under current Louisiana Law and relevant processes, policy and procedure, PTO is not legally required to be paid in La by the employer. Regardless of the amount accrued.
It must be specifically indicated as vacation. Any PTO reference means you don't have to be paid.
Vacation time = payable
Sick Leave =/= payable
PTO =/= payable
Your employer may end up paying you out, but under current Louisiana Law and relevant processes, policy and procedure, PTO is not legally required to be paid in La by the employer. Regardless of the amount accrued.
It must be specifically indicated as vacation. Any PTO reference means you don't have to be paid.
Posted on 8/3/17 at 10:49 pm to GFunk
I agree with Mr. Funk. PTO (not wages) is different from vacation (wages).
Take off 2 days next week (Th and Fri) and 3 the following week (M-Tu-Wed). Repeat beginning on 24th.
Take off 2 days next week (Th and Fri) and 3 the following week (M-Tu-Wed). Repeat beginning on 24th.
Posted on 8/4/17 at 6:01 am to GFunk
It pretty clearly indicates it as vacation time in the policy
Posted on 8/4/17 at 9:18 am to Indigold
quote:
It pretty clearly indicates it as vacation time in the policy
He just wanted to come in here and talk about time off and whether or not it gets paid out upon separation, like he does in everything thread of this sort.
Posted on 8/4/17 at 9:41 am to Indigold
Really surprised there is no verbiage about the accrual of vacation. From my interpretation, you "earn" all of your vacation days (which are required to be paid out) on January 1.
Meaning someone could quit in February and still be entitled to full vacation payout. Poorly written policy.
Be a sport and recommend this change to them on your way to the bank to cash that payout check.
Meaning someone could quit in February and still be entitled to full vacation payout. Poorly written policy.
Be a sport and recommend this change to them on your way to the bank to cash that payout check.
Posted on 8/4/17 at 3:00 pm to Epic Cajun
quote:
Epic Cajun
quote:
He just wanted to come in here and talk about time off and whether or not it gets paid out upon separation, like he does in everything thread of this sort.
Just noticed people conflating vacation with PTO. The terms absolutely don't mean the same thing when talking about them and whether or not you're paid accrued vacation pay on the way out the doh. Hence my crude attempt at a handy dandy legend in my initial response.
PTO=/=Vacation=/=Sick
PTO can be Vacation or Sick but it can't (or doesn't have to be legally) paid that way.
To be honest, a small business owner-or any business owner-in Louisiana would be well served to change that wording in their employee agreements and in their employer handbook. By changing the words sick and vacation to PTO and putting it all into one accrual pot, any position where churn/employee turnover is an expectation in the short or medium term could save said employers hundreds if not thousands of dollars.
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