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  1. #1
    Join Date
    Oct 2012
    Posts
    5

    Exclamation If I Resign, Will I Get Paid for My Accrued Leave Hours After I Have Left

    My question involves labor and employment law for the state of: Florida

    Good afternoon Everyone.
    I am planning to resign my job for two reasons-
    My hours at my current firm, will be cut and second because I got offered a wonderful new position at a new firm, which couldn’t have been a more perfect time.

    I have about 130 hours accrued for leave at my current job.
    After December 14th I can only carry over 80 hours to the next year to use, so I will be taking off two weeks starting this week coming.

    Thank God because Monday I got told that my hours will have to be cut. From 40 to 20!
    I quickly started looking for a new job and Monday night I got called for an interview, Tuesday I met with a partner of a new firm and they offered me a position to start whenever I could.
    I already have asked for two weeks off. Which is 80 hours but that would leave me with a remainder of 50 hours. If I quit this job I have and give them two week notice will I get my extra 50 hours of accrued time leave paid?
    Ex, I go to my 2 week vacation come back and tell them that I am quitting, will they pay me the extra hours I have left?
    Or…. Should I just take all my 130 vacation which is around 3 weeks and then come back and tell them I’m quitting?
    I want to know before this Friday so I can just ask for my boss to give me a longer vacation just in case I do not get that paid after quitting?

    Please advise?
    I kindly appreciate it.

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Florida- if I Resign, Will I Get Paid for My Accrued Leave Hours After I Have Lef

    I don't know of any Florida statute requiring employers to pay out earned but unused leave, so you ought to use what you can before you go. Whether your employer will decide to pay you or not, we cannot know.

    "Should I just take all my 130 vacation which is around 3 weeks and then come back and tell them I’m quitting?"

    That's up to you to decide (but note they don't have to approve the time off).

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Florida- if I Resign, Will I Get Paid for My Accrued Leave Hours After I Have Lef

    I can confirm that neither Federal nor Florida law requires that you receive earned but unused vacation. That will be up to your employer's policy.

    You are free to request three weeks vacation and then quit when you come back, but be aware that as indicated above, they not only do not have to approve the time off, but they do not have to pay you for the vacation time once they learn you are not coming back.

  4. #4
    Join Date
    Oct 2010
    Location
    Second star to the right...
    Posts
    323

    Default Re: If I Resign, Will I Get Paid for My Accrued Leave Hours After I Have Left

    Quote Quoting cicri
    View Post
    My question involves labor and employment law for the state of: Florida

    G Ex, I go to my 2 week vacation come back and tell them that I am quitting, will they pay me the extra hours I have left?
    Or…. Should I just take all my 130 vacation which is around 3 weeks and then come back and tell them I’m quitting?
    I want to know before this Friday so I can just ask for my boss to give me a longer vacation just in case I do not get that paid after quitting?

    Please advise?
    I kindly appreciate it.
    Here is life advice rather than legal advice. Burning bridges is never a smart idea for the resigning employee. Treat your boss the way you would want to be treated if you were her/him rather than the way you think they deserve to be treated. Good will can go a long way and you never know when the relationship you leave in tact may be the key to your next job.

  5. #5
    Join Date
    Oct 2012
    Posts
    5

    Default Re: If I Resign, Will I Get Paid for My Accrued Leave Hours After I Have Left

    Believe me the only reason I am leaving this great firm is because my supervisor is taking advantage and treating me like his own personal assistant which I am not and secondly because they are cutting my hours back. I will leave on a bad note with him, but I know that the head boss of the firm will be happy with my decision. He knew there was no room for growth for me here and I eventually was going to quit. Now I have a great reason to do so.
    Thanks for your reply.! you are very correct!

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