{ "media_type": "text", "post_content": "Can one take vacation during notice period? Given year end I don’t want to lose my vacation days", "post_id": "61aa6d9494bbb80038c1b256", "reply_count": 7, "vote_count": 1, "bowl_id": "553769a790f5eebe1d2a0f92", "bowl_name": "Finance" }

Can one take vacation during notice period? Given year end I don’t want to lose my vacation days

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It’s a notice period. You’re done. Who cares? Even if you have no PTO; take the whole time off.

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In New York at least it’s law that unused vacation has to be paid out when you resign.

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No, if their vacation policy states that they don’t payout then they don’t have to… only the company’s that didn’t put it in writing. When employees resign -- or are discharged -- from a job, must the employer pay them for any accrued, unused vacation time? Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit. IF... An employee has earned vacation time AND... There is no written forfeit policy THEN... The employer must pay the employee for the accrued vacation

I negotiated with group HR and offered to work past typical 2 week notice in exchange for taking ~half of my remaining vacation days

Depends where you live. In New York you lose any unused vacation. In California they have to pay it out. As for can you take your vacation days during your notice period: sure by law. But remember a notice period is just a courtesy anyway - you don’t have to give it. But if you think you are giving them a courtesy by giving a notice period then going on vacation you are on crack. And people remember things like that.

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