Resignation Period

juderita · May 2007

Does anyone have a policy that stipulates the employee cannot use vacation or etc. during the time between their resignation notice and the resignation date? Or can you just say "no" you can't use the time for vacation without a policy?

allsteaks · May 2007

I'd first suggest you present your question under a different topic, like wages. "Using the Forum" doesn't get a lot of attention. In response to your question, we do not stipulate that people work through their notice period. My experience has been if they don't want to work it they won't do any work anyway.

ray a · May 2007

Once an ee gives notice, we do not pay them any vacation or personal time during the last pay period. We don't have a written policy that says that, but our policy does say that unused earned vacation/sick time will be added to the last check and unearned vacation/sick that has been used will be deducted from the last check.

njjel · May 2007

Our ee's are not limited to take their accrued time. they can only carry over 15 days of vacation upon resignation so many can and do use their time including sick time which we can request doctor's note for, but we never have!

sonny · May 2007

The official termination date shall not be exteneded for the purpose of vacation leave.

Rockie · May 2007

Our employees are required to give a four week notice. They must work the notice in order to get paid out their PTO time. If they don't work out the notice, they do not get their accrued PTO time.

System · May 2007

Thst's great if that's an option for you, but that kind of policy isn't legal in many states.

jsta · May 2007

[font size="1" color="#FF0000"]LAST EDITED ON 05-10-07 AT 01:25PM (CST)[/font][br][br]I'm assuming no one has challenged the legality of this. Unless you have negotiated that policy as part of a CBA I would think it probably wouldn't hold up in court. AND it would pretty much wipe out any at-will protection you would claim, if you're in an at-will state.....

System · May 2007

Just to clarify, it is perfectly legal in several states not to pay accrued vacation time if the company has a written policy or practice to that effect and makes employees aware of that policy. But there are many states in which this is not acceptable, and accrued vacation must be treated just like wages. I don't remember off the top of my head if SC is one of the states where not paying accrued vacation is allowed, and it may very well be, I just wanted to make sure that people in other states realize that that sort of policy may not be legal where they are.

Rockie · June 2007

>Just to clarify, it is perfectly legal in
>several states not to pay accrued vacation time
>if the company has a written policy or practice
>to that effect and makes employees aware of that
>policy. But there are many states in which this
>is not acceptable, and accrued vacation must be
>treated just like wages. I don't remember off
>the top of my head if SC is one of the states
>where not paying accrued vacation is allowed,
>and it may very well be, I just wanted to make
>sure that people in other states realize that
>that sort of policy may not be legal where they
>are.

It is legal in South Carolina to do this as long as you have a policy stating this fact and it has been communicated to employees.

E Wart · May 2007

On our floating holiday, we do say that it cannot be scheduled/used once notice has been given. Also, we do say that an employee does have to be in the office on their final/resignation day. They cannot use Holiday, vacation, and/or personal time to extend their term date. Are paid for unused vacation time.
E Wart

Catbert46 · June 2007

C. Voluntary Termination of Employment. If you voluntarily terminate your employment, you must give your supervisor and the Company’s Human Resources Department written notice at least ten (10) working days prior to departure so that the Company will have sufficient time to locate a replacement for you. If you fail to give such notice you will lose the benefit of receiving pay for any unused vacation days, as discussed in Part II, Paragraph E.

Above is the policy I used at my previous company. We used the words 10 working days specifically to indicate that if the employee has vacation or holiday scheduled they had to extend their notice by that many days.

Resignation Period

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