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I currently have 2 weeks of approved vacation time at my current job, beginning next week (Dec. 23rd - Jan. 3rd). However I just received another job offer today, and that company wants me to start Jan. 6th.

My question is, if I submit my resignation today and offer 2 weeks notice, do you think my current company will keep me on and still let me use my pre-approved vacation? My last day worked would be this Friday Dec. 20 (today is a Tuesday, and I can tie up all loose ends by the end of this week).

The company handbook does state that vacation cannot be used to postpone a termination or retirement. But is a "termination" the same as a resignation? And what if the vacation time was already approved, months ago?

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    Depending on your location, even if the vacation was approved, the company can terminate you once you announce your resignation. – sf02 Dec 17 '19 at 21:47
  • What State are you in? In California, you'd be fine. – Stephan Branczyk Dec 17 '19 at 21:48
  • Stephan Branczyk, I'm in Tennessee – Crinn Dec 17 '19 at 22:01
  • If they really want you to start on Jan 6th, you could ask them to reimburse you for your lost vacation time as a one-time-signing bonus. May be ask for that if your new employer doesn't want to compromise on the date. – Stephan Branczyk Dec 18 '19 at 0:44
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do you think my current company will keep me on and still let me use my pre-approved vacation?

Tennessee is an "employment-at-will" state. And while you are giving 2 calendar weeks notice, you are actually planning to be in the office only 3 more days.

There's no way to know what your company will actually do until you give your notice.

In Tennessee, employers aren't required to compensate you for unused vacation time, unless it's required by company policy or union rules. But most companies will pay you for accrued vacation time anyway - check your employee handbook to learn the company's policy in this regard. So if you leave at the end of the week it won't really matter. If you are on vacation or if you are formally separated from the company, your vacation time will be paid anyway (assuming you have accrued the time).

The company may tell you to leave immediately. They may tell you to not come back after Friday. Or they may keep you on the books until January 3rd. You'll only find out when you talk with them. And that's when you'll learn what they plan to do regarding your vacation.

You have the option of talking to your new employer and getting them to agree to a start date of January 20th. Then you take your vacation, and give your 2 weeks notice immediately upon your return January 6th. Some would consider that not to be a very nice approach, but the option exists.

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  • Another possibility is that they may ask the OP to work throughout the two weeks notice, preparing for departure. – Patricia Shanahan Dec 18 '19 at 15:03
  • Thank you for your response, Joe Strazzere! You're right. I'll ride this out and see - putting my notice in today. Wish me luck! – Crinn Dec 18 '19 at 20:24

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