We have a employee that called in on Monday to say he would not be in due to he was ill. He also went on to say that he would be taking his two weeks vacation and take this as his 2 weeks notice of quiting also. We are in Virginia. Is it legal for us to accept his 2 weeks vacation as his 2 weeks notice? If he quits do we have to pay him for his sick leave?
In Virginia, employers are to comply with their established policies; Virginia is silent on certain issues. However, if an employer has a policy that states upon separation from employment accrued vacation will be paid, then the employer must comply with its policy.
In regards to sick time again, Virginia’s laws states that if an employer chooses to provide sick leave benefits, it must comply with the terms of its policy at termination or separation of employment.
Virginia law also states an employer must pay an employee who is discharged or terminated, quit or resigned or laid off, all wages due on or before the date he would have normally been paid for the work.
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