If I’m about to pass my employment anniversary date at which time my 15 days of vacation renews and I give my notice and leave a week after that date, am I entitled to be paid for the 15 days?

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If I’m about to pass my employment anniversary date at which time my 15 days of vacation renews and I give my notice and leave a week after that date, am I entitled to be paid for the 15 days?

Alternately, if I put in my notice a week before the anniversary date, am I still entitled to that vacation time or will I still be entitled to a “prorated amount”? I’m going to give my notice, I’m not trying to screw them over, but I don’t want to miss out on additional money owed to me. This is a small business.

Asked on July 6, 2015 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you would not be entitled to the vacation time. Unless you have a written employment contract, you are an employee at will; an employee at will may be terminated at any time, for any reason; and providing notice of quitting or resignation is a custom, not a law--your employer may treat your notice of resignation as effective immediately and is not required to allow you to stay employed or to pay you out (vacation time) for days not spent working once you tell your employer that you are leaving.


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