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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117358
Experience:  20+ Years of Employment Law Experience
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Texas SBO less than five employees. Employee quit in Feb/15

Customer Question

Texas SBO less than five employees. Employee quit in Feb/15 her letter read going for maternity leave if position available would like to return. Employee wanted off 4 months which we do not do(2 weeks Unpaid Up to 4 weeks if discussed and office can cope).Employee was aware of this and left on friendly terms,understanding position would not be held,but if position open would be eligible for rehire. Employee was nine months into her year for accrued vacation benefits which she did not request prior to resigning. (However,i was not made aware of her wether she took or did not take a vacation. there was no issue about this at that time.)
We hired someone in her position ,however, ultimately needed a second person. Contacted employee who said she still was not available,but could help out part time.After one month,asked employee if she was interested in full time, She had another job lined up(she moved it was closer) with more pay. She said she would come to work for us if she had a raise and gauranteed 40 rather than 32 hour work week.i rehired her fulltime in july/15. I am not on premises and employed requested vacation.After,noting some serious time clock issues made by employee( even after written warning) the office administrator was questioned concerning the employees "vacation." I did not authorize this (per policy)the admin did. i foolishly did not even think to check on this when i was "reminded" by staff that i authorized this when i learned she was not going to be working for a week.The admin was unclear if pay due or employee expected paid vacation. Turns out the employee does expect this as paid. In my view she is a rehire and has worked only 2 months. However,i thot maybe employee viewed herself as return from leave and assumed her 9 months prior to her leave accrued vacation benefits.Does she have that benefit( i also heard she was planning to take the closer job so she may have been ensuring she did not forefit what she felt was due.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Accrued vacation pay is due to the employee upon termination of employment only if the employer has a policy that it will be paid. Vacation pay is not required by Texas law, it is up to the employer to offer or not offer vacation time and set the policy. If she accrued vacation time and has not used it and you never actually terminated her when she went on her maternity leave, that vacation time would remain based on company policy and you have to pay it out if company policy says so. If there is no company policy saying it has to be paid out upon termination, you do not have to provide it to the employee.