Collecting Vacation on temp layoff?

[Mattie_B]

So, roughly 9 weeks ago I was put on a temporary layoff from my job. This week I landed a new job which I'll be starting in a few weeks. Now, I've still got 2 weeks of vacation time owed to me from the company I'm on a temporary layoff.

Are they legally obligated to pay me for this time? I just want to make sure because I'm going down Monday to put in my notice and inform them that I won't be coming back. I'm hoping they don't give me any beef about the vacation that I still have left and just pay me. But if they do argue with me and say they don't have to pay it, I was curious if their legally obligated to pay it considering I earned it from my previous year of employment.

[oblioman]

Originally Posted by Mattie_B

So, roughly 9 weeks ago I was put on a temporary layoff from my job. This week I landed a new job which I'll be starting in a few weeks. Now, I've still got 2 weeks of vacation time owed to me from the company I'm on a temporary layoff.

Are they legally obligated to pay me for this time? I just want to make sure because I'm going down Monday to put in my notice and inform them that I won't be coming back. I'm hoping they don't give me any beef about the vacation that I still have left and just pay me. But if they do argue with me and say they don't have to pay it, I was curious if their legally obligated to pay it considering I earned it from my previous year of employment.

Legally, me would say no. Vacation pay is a benefit and not mandatory by state and federal laws. However, states do differ in policies (right to work)(contract) etc. In Tennessee, not legally obligated, but most companies do pay for moral issues. Were you offered an employee handbook when you were hired?

[Mattie_B]

Yes, I was offered a handbook when I started. Unfortunately that was over 5 years ago and I no longer have it. I guess if they decline to honor my vacation I could ask to see one of the handbooks.

[oblioman]

Originally Posted by Mattie_B

Yes, I was offered a handbook when I started. Unfortunately that was over 5 years ago and I no longer have it. I guess if they decline to honor my vacation I could ask to see one of the handbooks.

Have had me a number of different jobs in me life, and only one time had to squabble over me vacation pay when changing jobs. Most companies do the right thing and pay out what was promised. Good luck in your new employment!!!!

[Rick-F]

I would not go to give them notice and tell them you were not going to come back. I would go in and ask for your two weeks of paid vacation . . . AFTER you have been paid, and started your new job, then tell them you are not coming back. It is right to be fair to your employer-- but your absolute, number-one concern has to be YOU and your family.

[johns70]

Originally Posted by Rick-F

I would not go to give them notice and tell them you were not going to come back. I would go in and ask for your two weeks of paid vacation . . . AFTER you have been paid, and started your new job, then tell them you are not coming back. It is right to be fair to your employer-- but your absolute, number-one concern has to be YOU and your family.

What ??

The OP is on a temporary layoff right now from the first job. The OP can't just walk in and say - I'm currently laid off, and I want my 2 weeks of paid vacation. The company would say - HUH ? You're laid off right now !, you don't get vacation pay while you're laid off !

I'd go in and tell them you found a new job an you are quitting the job you are currently laid off from. They should give you your 2 weeks of vaction pay, but if they don't I wouldn't make a big deal out of it. It wouldn't be worth the hassle.

[adamwilkes20]

At my company, if you dont use it, you lose it...nothing given in exchange. I had a guy turn in his resignation to me one night, then AFTER he turned it in, he asked for the balance of his vacation time. I laughed, and simply told him he must be crazy.

[johns70]

Originally Posted by adamwilkes20

At my company, if you dont use it, you lose it...nothing given in exchange. I had a guy turn in his resignation to me one night, then AFTER he turned it in, he asked for the balance of his vacation time. I laughed, and simply told him he must be crazy.

Fortunatley that's not the way most companies operate.
Most people don't laugh at employees and tell them they must be crazy.

In most cases the xx days or weeks of vacation time are accumulated and are given out in the form of money when a person quits, is permanently laid off, or is fired.