I resigned from my last job 2 days short of two weeks and now after I see my last paycheck- they refused to pay me the remainder of my leftover vacation days.

21 Comments

1. AnonymousSeptember 2,2022 at 6:28PM UTC

   Yes. I have done this with employees who don’t complete their 2 week notice. It was in the handbook. They were upset but they should have researched before leaving early.

2. BeaBoss979975September 4,2022 at 1:32AM UTC

   Could it have been a constructive discharge of the last 2 days?
   There are companies that pull this kind of ,er, stuff.

3. AnonymousSeptember 4,2022 at 4:58AM UTC

   They left voluntarily.

4. AnonymousSeptember 2,2022 at 6:56PM UTC

   Plus, it might have cost you a reference.

   You left for a reason and moved on. But you only had two days left. Why not just stay? If you wanted the longer time off between jobs, I would have told them you'd quit sooner when you gave notice, but that's me.

   Some companies pay nothing despite staying or not.

5. AnonymousSeptember 2,2022 at 7:11PM UTC

   It depends on where you live and where the company is incorporated. A few of the U.S. states require unused vacation time to be paid, but as I understand it (and I'm not a legal nor HR professional) most places in the U.S. do not have this requirement. I don't know about other countries.

6. AnonymousSeptember 2,2022 at 8:04PM UTC

   It depends on your company's policy. Normally vacation hours are monies you accrue but you'll need to check you employee handbook to be certain.

7. AnonymousSeptember 2,2022 at 8:20PM UTC

   Ask them to send you the documentation HR policy that states this and ask them to point to the section that identifies their ability to enforce it. To get you off their back, they would send it. If you hear crickets, that is your indication that they could be screwing with you. See if you can talk to a labour attorney probono. If you were part of a union and paid dues, talk to the representative to also see what your options are.

8. AnonymousSeptember 3,2022 at 3:07PM UTC

   Best advice!

9. AnonymousSeptember 3,2022 at 12:45PM UTC

   Check the employee handbook and your contract. At most places, not only is it legal to not pay vacation, if you have borrowed against it they can deduct it from your pay. Thus, deducting money from your account via "direct deposit". I used to write handbooks and contracts. We put all sorts of stuff in there. It isn't fair, but it's what the company asks for.

10. AnonymousSeptember 3,2022 at 2:13PM UTC

    My last company didn’t give you all vacation time at the beginning of the year, you accrued it as you worked throughout the year. Maybe you hadn’t accrued that time yet?

11. AnonymousSeptember 3,2022 at 3:10PM UTC

    Normally I would expected an agreement from the employer on the last day of work. If you gave two weeks notice it would have carried into another week, then it would be up to the employer to have you end work early (on the Friday) and they could not hold it against you. I like another's post where you request documentation that supports the decision to not pay you the vacation. Check the date of revision on the policy if there is one to make sure it wasn't revised after you left.

12. AnonymousSeptember 3,2022 at 4:45PM UTC

    You are only entitled to the vacation time if you have earned it. So if you get let’s say 20 days a year that means you earn it little by little throughout that year. You’re not given a bank of 20 days immediately.

    So could it be that you didn’t accrue all of the time and as a result did not get it paid?

    According to the law you have to get paid your earned vacation time by your employer. Any unearned time you are not entitled to.

13. AnonymousSeptember 3,2022 at 6:16PM UTC

    "According to the law you have to get paid your earned vacation time by your employer. Any unearned time you are not entitled to." Not true in most states, FYI.

14. AnonymousSeptember 3,2022 at 6:15PM UTC

    Depends on what state you're in. Mostly the states defer to "company policy" - so if company policy is that you will not be paid out for your accrued, unused PTO unless you give two weeks' notice, then that's what happened, and yes, it's legal. Several states do require payout of unused PTO, so if you tell me which state you're in, I can let you know. Or you can probably google it. :-)

15. Lara Ivey KauchakSeptember 3,2022 at 9:00PM UTC

    For example, in Michigan, if you have accrued the vacation/ PTO, you are legally entitled to it. they cannot have a company policy otherwise. However, its a pretty new law, so not every policy has been updated. But legally its yours.

16. AnonymousSeptember 4,2022 at 2:53AM UTC

    I’m not sure about the legality, but you earned your accrued vacation days and it is customary to pay employees for unused vacation when they resign.

    One exception: many companies limit the amount of vacation that can be carried over from one year to the next. Vacation that has not carried over is not paid when an employee resigns.

17. AnonymousSeptember 4,2022 at 10:02AM UTC

    Write a letter to the ceo and request you be paid and see what they say. You might check the company policy as well.

18. AnonymousSeptember 4,2022 at 6:40PM UTC

    Companies aren't required to pay out vacation days. I would checked your employment agreement or the employee handbook to see what their policy is. I believe they have to follow their policy (I believe if something is promised as part of compensation then they have to provide it) so if it's written that they pay it out at a specific rate or a specific way then you should go to HR about it but if there is no policy and they haven't promised anything then there's nothing you can do. You can still try talking to HR but there might not be anything they can do.

    This all being said, I'm not a lawyer but I know paying out vacation days is not a legal requirement in general but it might be if it's something they promised in writing.

19. AnonymousSeptember 4,2022 at 6:41PM UTC

    Also, I have never been paid for unused vacation days when I left a job (or even at the end of the year). It really all depends on the company's written policy.

20. AnonymousSeptember 4,2022 at 6:42PM UTC

    You should also look into your state's employment laws because they are different in each state.

21. Valerie RiegerSeptember 6,2022 at 1:25PM UTC

    Check the laws of your state and the employee handbook. My state defers to the employer's policy. Our policy states that you have to work a full two week notice to be paid accrued but unused vacation time. Since, by your own admission, you didn't work a full two week notice, you wouldn't be entitled to payment of the accrued but unused time. If it is company policy, you should have received a copy of the employee handbook when you started work and again of any material updates were made to the policy manual. That would serve as your notification from HR how your pay would be handled.