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hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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We are a small business in Florida, about 20 employees. An

Customer Question

We are a small business in Florida, about 20 employees.
An employee had accrued a week of vacation and put in a request for a week off, and even though it's in our busy season we tried to accommodate her and approved the vacation. The following week (a week before her vacation started) she put in two weeks notice to take a job closer to home, and she wants to work one more week for us and then take her week paid vacation, essentially only giving us one week notice. We feel that she's taking advantage of us - not giving us time to hire a replacement and have her help train them. Her job is detailed and important and she's leaving us in a bind but still wants us to pay her for a vacation, which is frustrating.
Are we obligated to honor the paid vacation? Or can we tell her that it's not being paid?
Submitted: 1 year ago.
Category: Employment Law
Expert:  hrpro37 replied 1 year ago.


Thanks for using JustAnswer. Do you have a written policy regarding paid vacation?



Customer: replied 1 year ago.
Our handbook is somewhat vague on the issue. When we have fired people they do not collect any unused vacation. But we've never had someone put in two weeks notice and claim they won't be here for the second week to train their replacement, but want to be paid for that week while we're messed over.Here's what our handbook says:
"Vacation days at LTS are based on the employee’s hire date. As a full-time employee, after you complete the required one year of service you accrue vacation days based on your length of service as shown below. At the end of a hire anniversary year, unused vacation leave may be “bought back” by the company from the employee at the rate of 50% of the employees daily wage rate. Unused vacation does not roll over from year to year.
Employees who provide proper notice will usually receive any unused vacation pay."
Expert:  hrpro37 replied 1 year ago.

Based on that wording, you wouldn't have to provide a payout for the unused vacation because the employee is not working the full length of the notice period. You also put the word "usually" which keeps it from being binding.

I hope this helps, feel free to ask follow up questions if needed and please don't forget to rate me so that I receive credit for addressing your question.

Thank you!