Just curious if I have any recourse.....

Just curious if I have any recourse.....

My department is being closed down (15 of us laid off) and while they tried to give us lots of notice, it wasn't enough notice for me to use all my accumulated comp time and vacation time (because there are a handful of hours I will just HAVE to work to close down the dept).

They say I cannot cash out any of my leave time at the end because five years ago, I cashed out some comp time back then (I always have a ton of accumulated leave because I work a lot of over hours in travel time, projects, etc. but am salaried exempt -- that's another story, but I digress....).

This means at the end, I will be leaving about 40 hours of leave "on the table" that I will not be compensated for but could not have taken in the time between layoff notice and last day of work because there weren't enough hours left on the clock. They say I can just donate it to their leave bank.

For a colleague with accumulated leave, they offered to simply add it as additional weeks to her weeks of severance pay. For me, they say they can't do that because their policy is that an employee can only take advantage of that employee benefit once, and I already did. I would think that "terminal payout" would be different than "we can't keep letting you cash in leave while you are working" but I'm curious how other management might handle it.

For context: I've worked there 16 years and am a team leader; the colleague has worked there 9 years and is a team member. We all get the same 9 years' worth of severance (company says their policy is one week per year worked, but with a 9 weeks max for severance).

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5 Comments

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  1. Anonymous

    Not sure how to correct^^ *We all get the same "up to 9 years' worth" - meaning up to 9 weeks of severance pay

  2. Anonymous

    I'm already ON terminal leave.
    I'm off the work schedule (at home) but getting paid. There will STILL be 40 hours when I finish my terminal/transitional leave. If I walk away now, I throw away my severance pay and my COBRA (they are paying 2 months COBRA). The only work I'm actually doing is one conference I was committed to speak at and 2 days I allocated for outprocessing. I simply had more leave accumulated than there were hours left at work when the layoff hit. :)

  3. Anonymous

    This is very frustrating, I understand! Sixteen years and you can't get unused time paid??? Especially hurtful when you're trying to "do the right thing" and leave with everything closed up properly. I recently left a company because they wouldn't "let" me take any vacation time. When I gave notice, my employee portal said I'd earned 40 hours of "unused time off." When I brought it to my boss's attention, she thanked me and immediately changed it to read, "Sick Time" rather than PTO. I don't think it really matters which it is, but I have the feeling you can't hold a company's feet to the fire when it comes to PTO. OR sick time. They don't have to honor it. BTW, this job was "part time."

  4. Anonymous

    From your comments below about "terminal leave," they likely are using that to soak up those 40 hours. You aren't doing anything, WFH, but being paid for it? It sounds like leave, just not on the schedule you want. Please correct me if I misunderstood.

  5. Anonymous

    Maybe this will clarify: I had so much leave built up that when they laid us off, I could take off from that day till end of job and still have 40 hours remaining.
    So I will lose that 40 hours. (I have been on paid leave since the day after the layoff -- but that won't burn it all.) For other people, they are adding any remaining leave to their severance weeks, but they won't with me because five years ago I cashed out some comp hours for a medical bill. (Nobody else had that kind of leave built up; I did because I was the only one on my team for a long time and had been unable to take leave as fast as it built up.) It just seems to me that if they say they will only let employees cash out leave once as an employee benevolence benefit during their tenure, that should not include whatever they have left if you let them go. But I was curious how other companies might handle it.

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