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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Our policy on paid vacations is: Please Note: The maximum

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Our policy on paid vacations is: Please Note: The maximum number of vacation weeks to be accrued may not exceed four (4) weeks. Should this maximum be attained, no further vacation accruals will be earned until the existing vacation is used. AZ ON SITE CAFES does not pay-in-lieu for any vacation time earned. Should a manager or hourly team member be terminated for cause, no vacations will be paid. Should a manager or hourly team member walk off the job or resign without giving adequate notice (2 weeks) no vacations will be paid. This vacation policy is effective August 24-2010.
We just had an employee who wanted a last minute 3 day vacation that we let her go ahead and take 3 days last week last minute which we normally do not approve. Anyway this morning she called and said she quit. Based on our vacation policy do we still have to pay here 3 days vacation??

Thank you for your question.

Your employee noticed and utilized a loop hole in your vacation policy. Under your policy, it is only for unused accrued vacation days that you do not have to pay after an employee quits. Here, the employee took the vacation days and then quit, which is allowed under your policy.

You have to go ahead and pay her for the three days. To avoid this situation in the future, you need to change your policy to state:

"An employee will not receive payment for the use of any accrued vacation time if the employee resigns without giving adequate notice within the same pay period as the vacation days taken."

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Best Regards,
TexLaw and 2 other Employment Law Specialists are ready to help you