Comments on: Payout of Vacation at Current Rate - Massachusetts http://www.humanresourceblog.com/2008/05/21/payout-of-vacation-at-current-rate-massachusetts/ Where HR Professionals Seek Answers Fri, 09 Jan 2009 01:16:08 +0000 http://wordpress.org/?v=2.5 By: Caitlin http://www.humanresourceblog.com/2008/05/21/payout-of-vacation-at-current-rate-massachusetts/#comment-10396 Caitlin Fri, 23 May 2008 16:12:54 +0000 http://www.humanresourceblog.com/2008/05/21/payout-of-vacation-at-current-rate-massachusetts/#comment-10396 Christine, thanks for the added info. Yes, it might make a difference. Generally when an employee in Massachusetts resigns, the employer must pay for unearned vacation, at the employee's current rate. However, often in immigration situations, the employee has a contract with the employer. That contract may limit the amount of vacation payout or specify penalties if the employee resigns. Also bear in mind that if you resign, the employer is under no obligation to hire you when you receive your visa. Even if they do, it could be at a lower salary. Normally employees on a leave of absence are reinstated, and it is at their current rate. Christine, thanks for the added info. Yes, it might make a difference. Generally when an employee in Massachusetts resigns, the employer must pay for unearned vacation, at the employee’s current rate.

However, often in immigration situations, the employee has a contract with the employer. That contract may limit the amount of vacation payout or specify penalties if the employee resigns.

Also bear in mind that if you resign, the employer is under no obligation to hire you when you receive your visa. Even if they do, it could be at a lower salary. Normally employees on a leave of absence are reinstated, and it is at their current rate.

]]> By: Christine http://www.humanresourceblog.com/2008/05/21/payout-of-vacation-at-current-rate-massachusetts/#comment-10382 Christine Fri, 23 May 2008 14:08:55 +0000 http://www.humanresourceblog.com/2008/05/21/payout-of-vacation-at-current-rate-massachusetts/#comment-10382 <p>Thanks for your response! I am taking a leave of absence because of immigration proceedings. I'm waiting on my new work visa to come, and they have agreed to payout the vacation. What if I resigned? (which was my original plan)-- then would they have to payout my vacation at the current rate?</p> Thanks for your response! I am taking a leave of absence because of immigration proceedings. I’m waiting on my new work visa to come, and they have agreed to payout the vacation. What if I resigned? (which was my original plan)– then would they have to payout my vacation at the current rate?

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