How long does an employee have to submit a resignation letter?

UPDATED: Oct 1, 2022

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How long does an employee have to submit a resignation letter?

I want my earned vacation time that my
employer says they will not give me and
I need to know how long I have to submit
a resignation letter

Asked on January 11, 2019 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a written employment contract addressing this issue, you have however long the contract gives you, as well as whatever rights (if any) it gives you in relationship to resigning.
Without a contract, there is no law setting forth how long you have to submit one, whether or not you must submit one, whether the employer has to accept or honor the terms of the letter, etc. Without a contract, you are an employee at will and have the job only so long as you and the employer both want you to have it, and either of you can end the employer-employee relationship at will, without notice, warning, or formalities.
In your state, your employer does not have to pay your earned vacation time when your job ends, unless there was a written policy of your employer to pay it out when employment is over.
They do have to let you use it while still employed, but can restrict when you can use it (e.g. not let you use it during a busy season or when short staffed). If they will not let you use it at all, contract the state department of labor and/or sue your employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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