If a person has accrued paid vacation days and puts in a two-week notice to discontinue employment...?
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If a person has accrued paid vacation days and puts in a two-week notice to discontinue employment...?
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is the person, by law, entitled to be paid for the vacation days? please give sources to your answer- eeoc, labor laws, etc.
the location is texas
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Princess Leia
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Texas Workforce Commission:
http://www.twc.state.tx.us/
Employee rights:
http://www.twc.state.tx.us/customers/jsemp/jsempsub7.html
Wage & Hour / Vacation information:
http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf
Q: Does an employer have to offer its employees vacation pay? If so, what are the guidelines? A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation pay, holiday pay or other pay for hours not worked. However, if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement. The employer has the right to establish policy on how these benefits are earned, accrued, used and if they are paid out when not used, barring any policy which might be considered discriminatory as defined by law.
So, you need to find out what your employee handbook says. If it says you are to be paid for it, then yes, you should be paid for it. |
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Judy
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No, the employer isn't required by law to pay you for them, although many or most employers will. |
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DffrncMkr
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it depends on your employer. they can differ... in one previous job i held, unused vacation was paid out at 75% when employment ended unless fired for cause. |
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Squat1
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Check your state law. In California, accrued vacation must be paid, in most other states no. It is based on company policy or CBA. |
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