Leaving job: collecting accrued vacation hours: Question.?

Question

I gave my employer a six month notice of me leaving (I am due to have a baby on 09-22-08 and this Friday is my last day of work). I am not coming back as I am going to stay with my baby for one year after which I start hygiene school, full-time. Anyhow, per my employee handbook, I am to get one week paid vacation after one year of employment. After two years of employment, I am to get two weeks of paid vacation.

I started working there on 03-19-07.

I used my weeks vacation in March of 2008.

It is now September.

I am to receive pro-rated vacation pay, I know that.

My question is:

will it be a pro-rated one week (meaning 20 hrs), or a pro-rated two weeks pay (40 hrs) since I am using six months as my base?

Let me know what everyone thinks!

I have not asked my employer as I do not think he is generous enough to give me the correct answer.

Answer 1

You aren't to two years yet, so it won't be based on 2 weeks per year.  You took your week of vacation that you earned for the first year. If you are going to get prorated vacation for the remaining time, it sounds like it would be half of one week or 20 hours.

Answer 2

Well with the dates you gave us, you say you have been working there for a year and a half. So it sounds like you should only get 20 hours of pay.

Congratulations on the baby!  

Answer 3

Ask the labor department what you are entitled to receive.  I am in California and here we get family leave for 6 weeks pay and maternity falls into that.  I believe it is a federal law.  If you are entitled to it, I would take that before I say, "I quit!"