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I am currently employed by a college. In January of 2008 I ...

Sent to Employment Law Experts May 13 07:40 PM

I am currently employed by a college. In January of 2008 I took on the job of Director for a new community initiative.   I continue to be an employee of the college until June 30, 2008 but my salary is from a grant. In March the college asked me to take vacation. I told them that I cannot possibly take vacation now we are in start-up. I have 200 hours accrued. In april I received a letter from the Provost indicating "As the College continues to provide your paycheck (subject to payback from the grant), I do have the option to assign you to vacation status during the time period between now and June 30, 2008 to the extent of the number of hours of vacation that you have now accrued. I can pay it out to you as salary continuation or if you want it as a lump sum, your choice." The default is to pay you on a lump sum on June 30 but carry you on leave without pay for the number of vacation days that you have before that date."   Are they trying to beat me out of my vacation pay?

 

Optional Information:
Union City, California

Already Tried:
To talk to the administration to no avail. They do not want to pay me a lump sum for my vacation at the end of my employment in June.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
May 13 7:54 PM (13 minutes and 39 seconds later)
         
ACCEPTEDCheck Mark
It sounds like you have a contract with the college, and quoting you regarding their policy:

I do have the option to assign you to vacation status during the time period between now and June 30, 2008 to the extent of the number of hours of vacation that you have now accrued. I can pay it out to you as salary continuation or if you want it as a lump sum, your choice." The default is to pay you on a lump sum on June 30 but carry you on leave without pay for the number of vacation days that you have before that date."

It does not sound like they are trying to "beat you out of your vacation pay." I noticed the word "option to pay as salary continuation over the Summer, and option to receive a lump sum. I'm not sure, but it appears you want the lump sum rather than have your salary spread out over the Summer. Financially, it is always best to take the lump sum, but it looks to me like the College has the option to decide: Lump sum, or spread out on leave over Summer. Either way, no vacation time is being lost as I see it.

The resolution, if you want this in lump sum, is to read over your contract, see what it says. If it says they have an option, then you are bound by the terms of that contract. The best thing to do right now is review the contract. If, you are indeed entitled to a lump sum after reviewing the contract, show them, and tell them they are in breach of contract.

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Reply
May 13 8:09 PM (14 minutes and 56 seconds later)
         
It is not clear what the language regarding carry you on leave without pay for the number of vacation days you have before that date means.
Customer (name blocked for privacy)
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