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I have been offered a job and if I put my four week required notice in on Monday I will accrue my vacation time during that 4 week time. Does the company still have to pay it out to me? Policy states that if you stay one year and put in a 4 week notice you will be paid any accrued or unused vacation as long as you actively work the notice. So for better example if I put in a notice on April 13th making my last day May 8th and my one year anniversary is May 5th and I would get my vacation time that day would it be paid out since I worked past the one year anniversary?

Problem is I am HR and I have been recruited back to my old employer for a higher position. The policy is pretty vague and I don't want to ask as I haven't my mind up completely

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    Why are you not asking your own HR? Whats going on with you? Is there a back story somewhere? – Vietnhi Phuvan Apr 9 '15 at 6:38
  • I would expect the only people who could answer this for sure is your own HR department. However usually notice time would not count i.e. you would have had to pass the year mark before you handed in your notice. – clairebones Apr 9 '15 at 8:48
  • I persoially woudl interpret what you said above as the one year has to be completed before the notice. YMMV. – HLGEM Apr 9 '15 at 19:40
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Since several weeks of pay is a lot of money, and you're being pursued by the new employer, why not simply tell them that either you must wait until after May 6th to give your notice, or they must give you a signing bonus of $X to match the value of that paid vacation time? That way you don't need to worry that your notice date is too soon to qualify you for the paid vacation.

If you, as HR, declare the rule to be something that benefits you personally you might be challenged. So since you have some control over the way in which you join the new company, use that. If it's vital to them to have you on board quickly, they can compensate you for the vacation you'll lose. If not, they can wait a few more weeks.

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