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Vacation Payback

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rvopat

Guest
What is the name of your state? KS

At the end if the most recent fiscal year i had 5 vacation days that carried over to the next fiscal year which gave me a total of 15 vacation days. These were made available July 1st 2004. I used 10 vacation days in mid July. In Sept. I quit with a two week notice and my last pay check was deducted for 5 vacation days with an explaination of "over paid vacation." In the employee's manual it says that they will prorate and pay UNUSED vacation days but it does not say that it will make you pay back money to them if you quit before the next fiscal year. This was never put in writing to me that they will be making this deduction. What is the law on this? I found something for CA but nothing for KS.
 


cbg

I'm a Northern Girl
Right this minute I don't have time to research KS law, but in my state it is perfectly legal for them to require you to pay back vacation time that is used but not accrued. Don't forget that few companies give you vacation time in a block. Even if they let you use it ahead of accrual, in most companies you accrue your ten, or fifeen, or however many days, in partial days per pay period, or per week, or per month.
 
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rvopat

Guest
I understand what you are saying but shouldnt they let a person know?

I mean that way I could have at least been prepared for a situation like this. There was no mention of this when I was hired or when I used the vacation days. I guess my main issue is that I am out over $700 and now have to find another way to pay my bills and support my family.
 

cbg

I'm a Northern Girl
Did you really expect that they were going to allow you to keep time taken but not earned? C'mon now, you know better than that.
 
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rvopat

Guest
I didn't ask for a snide response. I asked if they should let me know in advance. Not everybody knows everything therefore that is why people ask questions.

FYI, I worked 2 and a half months after the fiscal year started. Therefore I did earn some of those days. And so you know, they realize their mistake and I am getting some days back. Again, all I wanted to know is if they should have let me know in advance, that's all.
 

cbg

I'm a Northern Girl
I didn't intend it as snide. My apologies if it came across that way.

I suspect that you probably were notified of how it would work, back when you first were hired. Usually that sort of thing is included in the paperwork that you're given on your first day. Unfortunately, few people remember it.

The law does not generally require them to remind you of their policies. You're expected to know them. And to be perfectly honest (and NOT intended snidely) they generally don't need to tell you about policies that are obvious. Such as that time borrowed that hasn't been accrued needs to be paid back.

I'm glad they were able to work with you on it and that it worked out for you.
 
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rvopat

Guest
Thank you for the information. It probably was something in their paperwork outside of the employee's handbook, I suppose it was wishfull thinking that I could get something for nothing. :) Anyway I am happy with what I did get and that is better than nothing. Before now I just never thought of the vacation time being given to me before it was earned because my last job before this last job, an employee had to wait a year before they could take vacation. And that particular job was my first full time job where I even got vacation time. So while it is not an excuse, my inexperience is what leads to my ignorance. And again thank you for your time in helping me see another hard lesson learned.

I also appologize for misinterpreting you.
 

cbg

I'm a Northern Girl
No problem at all, rvopat. It's very difficult to hear "tone" in a written message.

Just for the record, for your future information as you go forward, the law in your state (and in most states) allows the employer pretty much free rein in how they set their vacation policies. Some employers allow you to borrow time in advance. Some employers require you to earn the time before you can use it. Some do a combination. All are legal. Your state does NOT require an employer to pay out vacation time on termination (since the other night when I was on my way out the door, I've had time to check your state laws) unless there is a specific policy to that effect. But almost all states will allow an employer to retrieve excess time paid out in advance of its accrual. And while there are a few employers who will do this, very, VERY few give you vacation time in a block on such and such a date; almost all have you accrue it gradually. In some states vacation time is considered wages but your state doesn't.

It's important for an employee to know and understand what the company's policies are. Knowledge is power! :)
 

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