employee handbook interpretation
#1
employee handbook interpretation
I'm looking to leave my current employer as soon as possible and have a few questions on a subject that are in the "gray area." As far as I know an employer was obligated to pay you all of the vacation time you had earned if you decide to terminate your employment, IF you give a full two weeks notice before your last worked day. However, on the Michigan Department of Labor website, it states that employers are not required to pay accrued vacation time if the employee handbook does not cover the subject. Last week someone from the corporate office came in and changed out all of the employee handbooks with new versions. The new version under vacation time and policies only states that "In the event of willful termination by an employee, vacation time may not be taken after the termination date, or extend the employee'* contract." I interpret that to mean that you cannot get cash for your earned vacation time after you put in your two weeks notice. Like I said, I know before in the policy book it said you WERE entitled to this benefit. however, they just changed out the policy book last week. How would you all interpret this? Am I out my vacation time and pay (three weeks worth!) ?
I had unused vacation time when I left my employer, can I receive payment for this time?
Agency: Labor & Economic Growth
The employer is required to pay fringe benefits in accordance with written contract or written policy, if the company policy has a pay-out provision which states that unused time will be paid to you when you separate your employment, then the employer would be obligated to pay you for the unused time.
The employer would not be legally obligated to pay you for unused time if the company policy does not address the issue.
Agency: Labor & Economic Growth
The employer is required to pay fringe benefits in accordance with written contract or written policy, if the company policy has a pay-out provision which states that unused time will be paid to you when you separate your employment, then the employer would be obligated to pay you for the unused time.
The employer would not be legally obligated to pay you for unused time if the company policy does not address the issue.
#2
Senior Member
Certified Car Nut
Yeah, it sounds like you forfeit it. Is there any way to cash it out before you quit? My company allows me to cash out vacation time if I want.
Maybe take a "three week vacation" that you don't plan to return from...
Maybe take a "three week vacation" that you don't plan to return from...
#3
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Originally Posted by J Wikoff
Maybe take a "three week vacation" that you don't plan to return from...
i went to Wyoming for two weeks after one of the weeks got denied for time off... but i still have the job
it could backfire
#4
thats interesting.
my understanding, at least at Kohl'*, is that when you get hired you sign the employee handbook and that goes in your file. unless they have you re-sign a new copy of that handbook, you never agreed to it and you can only be held to the original. they can require you to sign a new copy of the handbook to keep yourself gainfully employed, though
my understanding, at least at Kohl'*, is that when you get hired you sign the employee handbook and that goes in your file. unless they have you re-sign a new copy of that handbook, you never agreed to it and you can only be held to the original. they can require you to sign a new copy of the handbook to keep yourself gainfully employed, though
#5
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That'* not how I interpret it at all. This seems to indicate that you can't take vacation to extend the termination date, but doesn't seem to indicate that you wouldn't get paid for accrued vacation at time of departure.
#6
Unfortunately because I am a manager, my employee file is at the corporate office, not the restaurant I work at. We have to send our files in to the office after our promotion, so I'm not sure if my handbook I signed would even be in there anymore.
#7
Senior Member
True Car Nut
A question for you hr department for clarity but it sounds like you lose your vacation.
Can you take vacation now before you quit? or use the time as your notice?
Can you take vacation now before you quit? or use the time as your notice?
#8
Senior Member
Posts like a Camaro
I would also ask. I interpret it to mean that if you resign and give a two week notice, you can't take your two weeks vacation and then not show up for the remaining two weeks.
#9
There could be a line in the original handbook that you signed that reads something simliar to: "Any new copies of the employee handbook superceed the signed copy of the employee handbook at time of new employment."
I'm sure there is that sort of language somewhere in the employee handbook. Rules and policies are forever changing. An employee will have to be held accountable to the latest policies, not something that'* out dated.
I'm sure there is that sort of language somewhere in the employee handbook. Rules and policies are forever changing. An employee will have to be held accountable to the latest policies, not something that'* out dated.
#10
Originally Posted by vital49
There could be a line in the original handbook that you signed that reads something simliar to: "Any new copies of the employee handbook superceed the signed copy of the employee handbook at time of new employment."
I'm sure there is that sort of language somewhere in the employee handbook. Rules and policies are forever changing. An employee will have to be held accountable to the latest policies, not something that'* out dated.
I'm sure there is that sort of language somewhere in the employee handbook. Rules and policies are forever changing. An employee will have to be held accountable to the latest policies, not something that'* out dated.