Human Resource Blog

Vacation Payout

I gave my boss a notice that I am resigning. I did not give a two weeks notice but it was a week and 2 days. He told me that I can get paid my time if I work an extra week. Do I have a case if I want my vacation pay but do not want to work the extra week. We do not have a policy regarding vacation and there is nothing in writing about it.

We’re going to assume that you are not in one of the dozen or so states that requires an employer to pay earned vacation at termination.

At this point, you gave 1 week and 2 days notice, and you’re not going to be paid for earned vacation.

If the employer has given vacation pay to other employees who quit with less than 2 weeks’ notice in the past, then you may have ammunition. Not paying you could appear to be discrimination.

You’re in an excellent position to negotiate. It sounds like your boss really wants you to stay on another week. You could offer to work another week if it means you will be paid for your vacation time. If you have 1 week of earned vacation, that would be working 1 week for double your usual rate. (If you have 2 weeks of vacation, that would be working one week for triple your usual rate.) That’s a pretty good deal for both of you, in anybody’s book.

The other option you could offer your boss is that you would work an additional 3 days, if you would also receive your vacation pay.