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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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I have an employee who was employed 04/13/2012. Our office

Customer Question

I have an employee who was employed 04/13/2012. Our office policy is 2 weeks paid vacation after 1 year of service. Each subsequent year she has taken 2 weeks vacation and used her sick days. In 2016 she took one year 3 weeks prior to her anniversary date (March 23-27) approved by myself as it was spring vacation and she didn't have a babysitter-under the assumption she would continue employment. She then gave me a 3 months notice that she would be leaving in June of this year to pursue furthering her education. She called in sick last week and requested to use one of her 2nd weeks vacation days for that date as she has already used her sick days for the remainder of the year. Do I owe her that second weeks vacation??
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. That really depends on the manner of your vacation accrual. This is not dictated by state law, but rather, state law only requires the enforcement of your policies. If you have regularly given an individual 2 weeks of vacation immediately on the date of their anniversary, and the employee has access to use it even though they have no completed the year, then you also must do so with her unless you have a specific written policy stating that once you give notice, your vacation is only granted on a pro rata basis, based on the amount of the year that you intend to work. So, this is really decided based on your current/prior practice and what you have in terms of written policy. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 8 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.
Expert:  Allen M., Esq. replied 8 months ago.
I'm sorry, but for some reason the payment for that additional service is failing (this is what message I'm getting when trying to accept your request). We can just continue to discuss the matter here, if you wish. What additional questions do you have concerning this matter?