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Thread: Texas employment law

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    Senior Member jp1's Avatar
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    Texas employment law

    Until next Friday I have one employee in Texas. On Monday he got back from a 2 1/2 week vacation and put in his two week’s notice. Just got off the phone with him and apparently Texas law allows the employer to rescind accrued vacation time and refuse to allow absences during the notice period. Hence the reason for the long vacation.

    I didn’t realize they could do that. NY and CA, the only places I’ve ever quit jobs, don’t allow that. So I’m curious, are there any other states that allow this? Honestly that seems really harsh.

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    Senior Member iris lilies's Avatar
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    Quote Originally Posted by jp1 View Post
    Until next Friday I have one employee in Texas. On Monday he got back from a 2 1/2 week vacation and put in his two week’s notice. Just got off the phone with him and apparently Texas law allows the employer to rescind accrued vacation time and refuse to allow absences during the notice period. Hence the reason for the long vacation.

    I didn’t realize they could do that. NY and CA, the only places I’ve ever quit jobs, don’t allow that. So I’m curious, are there any other states that allow this? Honestly that seems really harsh.
    I don’t know what Missouri law is, but my employer always paid out accrued vacation but not sick leave. I had beaucoup sick leave hours accumulated when I retired.

    . I suspect vacation payout is required here based on a couple casual conversations, but I wouldn’t swear to it being law. I agree, harsh. The employer can always decide to pay it out tho.

    Vaguely related to this discussion: i let some hundreds of dollars maybe more go when I failed to “go on vacation” in the ensuing weeks before I terminated. During our “vacation” we could accrue even more vacation days.

    Instead, I just made a clean break of it. “My last day of employment is X.”

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    Senior Member Rogar's Avatar
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    I don't know about my state's laws, but my corporate nanny would pay hourlys for un-used vacation or sick days on termination. Salaried were pretty much in the use it or lose it boat. At least that's how it was when I left. I burned up some un-used vacation before leaving for that very reason and we got no special allowance for sick days.
    "what is it you plan to do with your one wild and precious life?" Mary Oliver

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    I worked at a state university in Tx for many years. Perhaps state agencies have different rules, but after giving two weeks notice I received accrued vacation pay and rolled it over into a 547B plan where it still sits. Sick pay did not roll over but we had the option of donating it to a pot for employees with chronic illness. If allowable, seems more like a company policy rather than state law.

  5. #5
    Senior Member jp1's Avatar
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    Yeah an employer could choose to pay it. Apparently mine doesn’t. They emailed employee to that effect but he had read the texas addendum to the employee manual and avoided the issue.

    I’ve never had sick time paid out. But my employer only gives sick time in states where it’s required. Otherwise everyone just gets 27 PTO days for any purpose. In cA I get that plus 5 sick days because of the law here. If I quit I’ll get paid for my accrued pto but not sick days.

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