Are we required to pay holiday and Paid Time-Off to an employee who quit?

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Are we required to pay holiday and Paid Time-Off to an employee who quit?

We have an employee who resigned today via text, so no physical presence in the workplace. Monday was the 4th, so it was a paid holiday. Yesterday Tuesday was a scheduled day-off that had been requested and approved in advance. Today is Wednesday, a regular work day where she was scheduled to work but never showed up. This individual is a hourly non-exempt, FT eligible employee in regards to paid holiday and time-off. We pay weekly and her time card for this week will be blank. Since in actuality no work is performed by her, are we required, by law, to pay her for the Monday holiday Tuesday PTO hours? … The confusion arose because we have an employee manual that says that upon termination/resignation employees will not be entitled to compensation or payment of unused personal time however, considering her termination date is today, does it mean she was still an employee earlier this week and thus, still entitled to those benefit pays? We are in Florida. … Thank you.

Asked on July 6, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employee is an employee until she gives notice and/or is terminated (or laid off, fired, etc.). If she gave notice on Wednesday, July 6, she was an employee on Monday, July 4th, and Tuesday, July 5th, and would be paid for those days--i.e. would be paid for Monday's holiday and for the previously approved Tuesday July 5th PTO. Yes, it is unprofessional and, frankly, more than a little "sleazy" what she did--but it's legal. Until she gave you the notice, you had to pay her out for work, PTO and holidays which occured prior to the moment of notice of resignation.


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