Termination and Holiday Pay? Pls HELP.

SandiF

I'm posting twice, already put in Wage & Hour.

I have an employee who stated in her termination letter that her last would be December 29, 2003. However, she's not working that day. Her actual last day worked will be today. Does she receive holiday pay for Thursday and Friday, which she normally would if she was staying?

marc

We generally give them the holiday pay. I think you will find plenty who instead of accepting the resignation, will terminate immediately. That may avoid the holiday pay, but opens you up for issues like unemployment.

Don D

The answer lies in whatever your policy is. No state or federal law mandates holiday pay in the first place. If you have a policy, it should be followed. If not, this is a signal that you need to develop one. I'm surprised she didn't resign effective January 5 so she would get New Year's Day also.

SandiF

>The answer lies in whatever your policy is. No
>state or federal law mandates holiday pay in the
>first place. If you have a policy, it should be
>followed. If not, this is a signal that you need
>to develop one. I'm surprised she didn't resign
>effective January 5 so she would get New Year's
>Day also.


Me too. Will make ANOTHER policy, but in the meantime, will pay to avoid potential problems.


Thanks to all.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 12-24-03 AT 01:23PM (CST)[/font][br][br]Hi SandiF - Don's right - there isn't a Washington State law that states you have to pay for holidays - unless it's in your policy, then Washington does state that you, the employer, must follow your policies. Check 'em out - if you don't have one, then don't pay her (and you haven't set up a previous precedent) - if you do, then do it.

ray a

"Our policy" states that to qualify for holiday pay, the ee must work the day before and the day after or use vacation time for either day. Following my policy, I would not pay your terminated ee for the holiday since they neither worked nor presumably used vacation for the day after. If they were using their last vacation day for the 29th, I would pay them the holiday.

SandiF

>"Our policy" states that to qualify for holiday
>pay, the ee must work the day before and the day
>after or use vacation time for either day.
>Following my policy, I would not pay your
>terminated ee for the holiday since they neither
>worked nor presumably used vacation for the day
>after. If they were using their last vacation
>day for the 29th, I would pay them the holiday.


Good point about the vacation pay. We don't have the policy that you have to work before and after. We do pay out their vacation when they terminate, however, so she will basically be getting paid for Monday. I'm going to hand this over to the administrator to decide since we don't have a policy and I am on vacation in 15 minutes. How can I make such a decision when I'm in vacation mode?! Thank you.

E Wart

I agree with the other replies. It depends upon your policy. We clearly state that an employee has to be actively at work on their last day of employment. We pay for any unused vacation so this wouldn't matter. However, they wouldn't be paid for holiday.
One reason we do this is because our group insurance ends on their termination date, and we wouldn't want it running indefinitely, when they really aren't an employee.
If you don't have a policy, I would say pay them and forget it. Set up the policy for future.
E Wart