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After working for 3 years in a company I decided to take a shot on an offer I received from another one. I signed already my intention of leaving and communicated it to my manager on my current company. My plan was to start on the new company on 3rd of September and stay till end of August in my current one, but I had vacations requested since start of the year on the middle of August(2 entire weeks).

Does it still make sense to say my leave is on 31st of August or would it make more sense to leave just right before the vacations, since those days have to be paid anyway?

Is there any difference? The company is based in Spain and I get paid for my vacation time. My relationship with my manager is good and he understood my decision since it was a huge improvement in my career.

  • In addition to @Snow's question, are you allowed to take vacation time during your notice period? Many companies do not allow this. – David K Jul 12 '18 at 13:39
  • @DavidK my vacations were requested and Approved before my notice so I guess there should be no problem with that. – Alexander Aeons Torn Jul 12 '18 at 13:56
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    @AlexanderAeonsTorn I would double-check your contract to be sure. I seem to recall a question here (which I can't find) where someone had their pre-approved vacation rescinded after they put in notice. If you are still on good terms with your boss and HR, you might just ask them how to best handle it. – David K Jul 12 '18 at 14:05
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In Spain it doesn't matter much. Since vacation time is accrued on time worked, at the moment of termination the employer owes to you unused vacation time. If you end your employment before vacation, you will get an amount of money equivalent to that unused vacation. Therefore, there is nearly no difference between using the vacation before leaving and leaving before doing the vacation and getting the same money.

In fact, at the end of employment there is an special paysheet ("liquidación") with all amounts accrued but not paid previously: unused vacation, pay for the days in the current month before leaving, and proportional share of summer pay, Christmas pay and any other yearly pay in your context. That makes the exact leaving moment unimportant.

Furthermore, if you are going to be unemployed for a while, unused vacation will be taken in account when computing the start of your unemployment subsidy.

On the other hand, non working days other than yearly vacation are not so well regulated. Terminating the employment on Friday may produce a slightly different result compared with leaving in Monday, because of the amounts due for the non working days in the weekend. In some sectors the difference between leaving before or after a long weekend or Christmas or Easter holidays may be worth a few days pay.

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It depends on the employer. In the U.S., some state employers will only pay vacation time if it is included in your working time - your last day of work is your last day of vacation. Others will pay vacation time after you leave. You have to check with your employer.

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In the U.K. the company has to pay you for holidays that you didn’t take (and you have to pay if you took more than your share for that part of the year). In the USA, you often lose holiday that wasnt taken. So in the USA, if you say “my last day is in two weeks and now I go on holiday “ the company can say “sorry, we just cancelled your holiday”. So you better give notice after you return from holiday.

  • Laws about paying unused PTO vary by US state and even in those states where it’s not legally required, some employers still do it. – AffableAmbler Jul 12 '18 at 13:55
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    1. You mention UK and US, but the OP is in Spain. 2. The OP has already put in their notice - they are trying to determine when to set their last day. – David K Jul 12 '18 at 14:06
  • In the usa, it's a bad idea to make your last two weeks vacation days. People don't like that. – user53651 Jul 12 '18 at 21:47

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