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Is unused vacation time compensated when leaving a company? [closed]
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I have given my notice at my current company but I realized that I have over a years worth unused vacation time.
Is it a standard practice for an employee to be compensated for unused vacation time when leaving a company?
I realize this question might be subject to local so if needed I can change it to be more specific for USA or even more specific to California as is my current case.
compensation quitting
asked May 21 '13 at 16:58
Quinma
1,011926
closed as too localized by jcmeloni, Jim G., CincinnatiProgrammer, gnat, Monica Cellio♦ May 21 '13 at 21:32
This question is unlikely to help any future visitors; it is only relevant to a small geographic area, a specific moment in time, or an extraordinarily narrow situation that is not generally applicable to the worldwide audience of the internet. For help making this question more broadly applicable, visit the help center. If this question can be reworded to fit the rules in the help center, please edit the question.
add a comment |Â
up vote
5
down vote
favorite
I have given my notice at my current company but I realized that I have over a years worth unused vacation time.
Is it a standard practice for an employee to be compensated for unused vacation time when leaving a company?
I realize this question might be subject to local so if needed I can change it to be more specific for USA or even more specific to California as is my current case.
compensation quitting
asked May 21 '13 at 16:58
Quinma
1,011926
closed as too localized by jcmeloni, Jim G., CincinnatiProgrammer, gnat, Monica Cellio♦ May 21 '13 at 21:32
This question is unlikely to help any future visitors; it is only relevant to a small geographic area, a specific moment in time, or an extraordinarily narrow situation that is not generally applicable to the worldwide audience of the internet. For help making this question more broadly applicable, visit the help center. If this question can be reworded to fit the rules in the help center, please edit the question.
2
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37
add a comment |Â
up vote
5
down vote
favorite
up vote
5
down vote
favorite
I have given my notice at my current company but I realized that I have over a years worth unused vacation time.
Is it a standard practice for an employee to be compensated for unused vacation time when leaving a company?
I realize this question might be subject to local so if needed I can change it to be more specific for USA or even more specific to California as is my current case.
compensation quitting
asked May 21 '13 at 16:58
Quinma
1,011926
I have given my notice at my current company but I realized that I have over a years worth unused vacation time.
Is it a standard practice for an employee to be compensated for unused vacation time when leaving a company?
I realize this question might be subject to local so if needed I can change it to be more specific for USA or even more specific to California as is my current case.
compensation quitting
asked May 21 '13 at 16:58
Quinma
1,011926
asked May 21 '13 at 16:58
Quinma
1,011926
asked May 21 '13 at 16:58
Quinma
1,011926
asked May 21 '13 at 16:58
Quinma
1,011926
1,011926
closed as too localized by jcmeloni, Jim G., CincinnatiProgrammer, gnat, Monica Cellio♦ May 21 '13 at 21:32
This question is unlikely to help any future visitors; it is only relevant to a small geographic area, a specific moment in time, or an extraordinarily narrow situation that is not generally applicable to the worldwide audience of the internet. For help making this question more broadly applicable, visit the help center. If this question can be reworded to fit the rules in the help center, please edit the question.
closed as too localized by jcmeloni, Jim G., CincinnatiProgrammer, gnat, Monica Cellio♦ May 21 '13 at 21:32
This question is unlikely to help any future visitors; it is only relevant to a small geographic area, a specific moment in time, or an extraordinarily narrow situation that is not generally applicable to the worldwide audience of the internet. For help making this question more broadly applicable, visit the help center. If this question can be reworded to fit the rules in the help center, please edit the question.
2
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37
add a comment |Â
2
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37
2
2
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37
add a comment |Â
3 Answers
3
active
oldest
votes
up vote
7
down vote
accepted
United States' law does not establish any precedent in this area, so it is up to the individual states to set the legal environment. That said, as others have noted, this usually depends on the employer's policies and/or your employment agreement.
In my experience (25+ years in technical jobs), unused vacation time is usually paid out when you leave a job. However, as mhoran_psprep's answer indicates, many employers set some sort of maximum on the amount you can accumulate or how much you can carry from one calendar year to the next.
A quick web search turned up a write up summarizing California law for this issue. Generally, the law views vacation time as part of your wages, so you would be paid for it upon leaving. However, this can be modified by a collective bargaining agreement. Question 10 on that page specifically addresses this issue.
edited Apr 13 '17 at 12:48
Community♦
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
add a comment |Â
up vote
6
down vote
There is no standard policy for this:
- Some companies will write a check for the whole amount.
- Some will cap the amount of the check at X hours.
- Some will delete any amount above X hours at the end of each calendar/fiscal year.
- Some will write a check for any hours over X at the end of each calendar/fiscal year.
You will have to talk to HR, or look at your policy documents from HR.
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
add a comment |Â
up vote
4
down vote
Start with your employment agreement - that's where the company will have documented their policy. Then ask HR. This has to be dealt with by them, and they'll know the rules.
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
add a comment |Â
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
7
down vote
accepted
United States' law does not establish any precedent in this area, so it is up to the individual states to set the legal environment. That said, as others have noted, this usually depends on the employer's policies and/or your employment agreement.
In my experience (25+ years in technical jobs), unused vacation time is usually paid out when you leave a job. However, as mhoran_psprep's answer indicates, many employers set some sort of maximum on the amount you can accumulate or how much you can carry from one calendar year to the next.
A quick web search turned up a write up summarizing California law for this issue. Generally, the law views vacation time as part of your wages, so you would be paid for it upon leaving. However, this can be modified by a collective bargaining agreement. Question 10 on that page specifically addresses this issue.
edited Apr 13 '17 at 12:48
Community♦
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
add a comment |Â
up vote
7
down vote
accepted
United States' law does not establish any precedent in this area, so it is up to the individual states to set the legal environment. That said, as others have noted, this usually depends on the employer's policies and/or your employment agreement.
In my experience (25+ years in technical jobs), unused vacation time is usually paid out when you leave a job. However, as mhoran_psprep's answer indicates, many employers set some sort of maximum on the amount you can accumulate or how much you can carry from one calendar year to the next.
A quick web search turned up a write up summarizing California law for this issue. Generally, the law views vacation time as part of your wages, so you would be paid for it upon leaving. However, this can be modified by a collective bargaining agreement. Question 10 on that page specifically addresses this issue.
edited Apr 13 '17 at 12:48
Community♦
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
add a comment |Â
up vote
7
down vote
accepted
up vote
7
down vote
accepted
United States' law does not establish any precedent in this area, so it is up to the individual states to set the legal environment. That said, as others have noted, this usually depends on the employer's policies and/or your employment agreement.
In my experience (25+ years in technical jobs), unused vacation time is usually paid out when you leave a job. However, as mhoran_psprep's answer indicates, many employers set some sort of maximum on the amount you can accumulate or how much you can carry from one calendar year to the next.
A quick web search turned up a write up summarizing California law for this issue. Generally, the law views vacation time as part of your wages, so you would be paid for it upon leaving. However, this can be modified by a collective bargaining agreement. Question 10 on that page specifically addresses this issue.
edited Apr 13 '17 at 12:48
Community♦
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
United States' law does not establish any precedent in this area, so it is up to the individual states to set the legal environment. That said, as others have noted, this usually depends on the employer's policies and/or your employment agreement.
In my experience (25+ years in technical jobs), unused vacation time is usually paid out when you leave a job. However, as mhoran_psprep's answer indicates, many employers set some sort of maximum on the amount you can accumulate or how much you can carry from one calendar year to the next.
A quick web search turned up a write up summarizing California law for this issue. Generally, the law views vacation time as part of your wages, so you would be paid for it upon leaving. However, this can be modified by a collective bargaining agreement. Question 10 on that page specifically addresses this issue.
edited Apr 13 '17 at 12:48
Community♦
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
edited Apr 13 '17 at 12:48
Community♦
1
edited Apr 13 '17 at 12:48
Community♦
1
edited Apr 13 '17 at 12:48
Community♦
1
1
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
answered May 21 '13 at 17:43
GreenMatt
15.6k1465109
15.6k1465109
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
add a comment |Â
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
As a curiosity, laws vary per country too. Back in my place, accumulating holidays is a courtesy, as the law states 1) by law you are obliged to used at least 3/4 of the time to prevent employer abuse; 2) You will have a clean slate from last year holidays at 1 of March. It is either use it or lose it.
– Rui F Ribeiro
Jul 7 '17 at 6:34
add a comment |Â
up vote
6
down vote
There is no standard policy for this:
- Some companies will write a check for the whole amount.
- Some will cap the amount of the check at X hours.
- Some will delete any amount above X hours at the end of each calendar/fiscal year.
- Some will write a check for any hours over X at the end of each calendar/fiscal year.
You will have to talk to HR, or look at your policy documents from HR.
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
add a comment |Â
up vote
6
down vote
There is no standard policy for this:
- Some companies will write a check for the whole amount.
- Some will cap the amount of the check at X hours.
- Some will delete any amount above X hours at the end of each calendar/fiscal year.
- Some will write a check for any hours over X at the end of each calendar/fiscal year.
You will have to talk to HR, or look at your policy documents from HR.
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
add a comment |Â
up vote
6
down vote
up vote
6
down vote
There is no standard policy for this:
- Some companies will write a check for the whole amount.
- Some will cap the amount of the check at X hours.
- Some will delete any amount above X hours at the end of each calendar/fiscal year.
- Some will write a check for any hours over X at the end of each calendar/fiscal year.
You will have to talk to HR, or look at your policy documents from HR.
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
There is no standard policy for this:
- Some companies will write a check for the whole amount.
- Some will cap the amount of the check at X hours.
- Some will delete any amount above X hours at the end of each calendar/fiscal year.
- Some will write a check for any hours over X at the end of each calendar/fiscal year.
You will have to talk to HR, or look at your policy documents from HR.
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
answered May 21 '13 at 17:19
mhoran_psprep
40.3k463144
40.3k463144
add a comment |Â
add a comment |Â
up vote
4
down vote
Start with your employment agreement - that's where the company will have documented their policy. Then ask HR. This has to be dealt with by them, and they'll know the rules.
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
add a comment |Â
up vote
4
down vote
Start with your employment agreement - that's where the company will have documented their policy. Then ask HR. This has to be dealt with by them, and they'll know the rules.
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
add a comment |Â
up vote
4
down vote
up vote
4
down vote
Start with your employment agreement - that's where the company will have documented their policy. Then ask HR. This has to be dealt with by them, and they'll know the rules.
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
Start with your employment agreement - that's where the company will have documented their policy. Then ask HR. This has to be dealt with by them, and they'll know the rules.
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
answered May 21 '13 at 17:19
Michael Kohne
3,28111327
3,28111327
add a comment |Â
add a comment |Â
2
Related: workplace.stackexchange.com/questions/4529/…
– MrFox
May 21 '13 at 17:23
Technically, this is a legal question, so I imagine some close votes might be coming. However, it seems likely to be of broad interest and the answer is (sort of) general knowledge, so I think it can be kept open.
– GreenMatt
May 21 '13 at 17:54
This really varies widely by company, as others have noted. I am personally in the middle of re-evaluating my company's policy on this, and we have many different ideas all equally legal according to our HR rep (I offer this as an example of the wide range of possibilities).
– jcmeloni
May 21 '13 at 17:58
The Department of Labor requirement to pay for unused vacation time is only for situations where the vacation time is accrued as you work. If the time is awarded as a lump sum(like at the beginning of the year or on your anniversary date) then the company is not obliged to pay out unused vacation days unless they are contractually obligated. I would post it as an answer but the amount of links required to back it up makes it to tedious...
– IDrinkandIKnowThings
May 21 '13 at 18:37