What if the gentleman in question had already take two or three weeks vacation as time off
ie: commencing Jan 1 he was entitled to three weeks VAC, he used three weeks in March, then quits in April, only part way into the year. What happens then? Has vacation already been 'paid'
If he was paid for the time off, then yes he was paid. Of course, that's only based on the assumption that the prior year's vacation was used and paid out or that there is no carry over of vacation time. It could also be argued, depending on the terms of employment, that he was overpaid based on not having yet "earned" vacation pay for 3 weeks only a few months into the year.
In the 2008 downturn, my wife was "restructured out" of her job in July that year. Because their vacation year ran from July 1 to June 30, they paid for her 2 weeks of vacation that she was entitled to that year, even though she was let go a week into that vacation year (which was a pretty good deal, considering she also got 5 weeks of pay as part her package, and only worked there 18 months). At my job, we are paid hourly for our various weekly hours and our vacation pay entitlement is shown at the bottom of our pay stubs at 2% times the number of annual weeks we get. I get 6 weeks, so 12% of my weekly earnings are added to the vacation pay entitlement, and shown on my pay stub. When I take vacation, I ask for how much of that money I want. If I leave the company, I would just be paid out what was left in that vacation account.
