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Due to circumstances where my role is no longer needed and the expected growth to take on another role by my director was not met by my end, we have both come to mutual terms where I'd resign with a one month notice. However, I've actually sent a leave request of two weeks months before hand which happen to be a week after my "last day" of work. Will it be ethical to ask for that leave to be covered or remunerated instead or would that be asking too much?

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    Of course, it's your vacation days, they owe them to you. Also, why are you resigning? Isn't it them laying you off? You can't apply for unemployment if you resign, or can you? Where are you located? Nov 20 '19 at 8:23
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    This should already be part of the calculations if you have anything owing to you
    – Kilisi
    Nov 20 '19 at 8:43
  • @StephanBranczyk I did not mention applying unemployment as I plan to search for new jobs, and no it's not being laid off as I was given an opportunity to stay and broaden my skillset but I know for one it will be a steep learning curve that will take longer than the company's expectation so we came to an agreement for me to resign instead of the possibility that I might slow the team down.
    – user111931
    Nov 20 '19 at 8:58
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    A location would help here - it's always a "yes", but in some places it's a legal requirement.
    – berry120
    Nov 21 '19 at 7:52
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Pending leave means you have not yet taken it, so you will still have that leave accrued. In many jurisdictions, accrued leave that has not been taken before resigning or being released is typically factored into your final pay - you don't generally have to ask for it.

You should check your employment agreement, if you have any such thing. You should also look up local employment regarding the remuneration of untaken leave. Finally, you can simply ask to confirm how much untaken leave you have.

Note - if you take any leave during your notice period, that will be taken from your balance.

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  • "In most jurisdictions, accrued leave that has not been taken before resigning or being released is typically factored into your final pay". World wide? In the US it has been my experience that unless otherwise documented (say in an employee handbook) unused leave is not required to be payed out upon resignation/termination. According to this website it looks like very few states require employers to pay out unused vacation when leaving.
    – mikeazo
    Nov 20 '19 at 14:42
  • @mikeazo fwiw, the US and its 50 states is not "most" jurisdictions in a global context. That said, I've changed my text to "many" - and I do advise to check employment agreements and local employment law.
    – HorusKol
    Nov 20 '19 at 20:21
  • I never said it was "most", I was simply giving an example.
    – mikeazo
    Nov 20 '19 at 20:32
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Will it be ethical to ask for that leave to be covered or remunerated instead or would that be asking too much?

It is absolutely ethical and not too much to ask. Before you do that, however, check your employment contract, employee handbook, etc.

In the United States, at least, only a few states require payout of unused leave. Most states leave it up to the contract or company policy (and if there is no policy states vary on what has to be done) and a few states have no law or policy (in which case it would presumably be left to case law). https://www.thebalancecareers.com/do-you-get-paid-for-unused-time-if-you-re-fired-2060734

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