Can I take pre-approved PTO during my two week notice period?

I gave my two week notice on 9/5/2017, making my last day 9/19/2017. I have preapproved PTO scheduled (a half day this week and a floating holiday next week). My manager told me that if I take this time off, then I am not giving a two week notice. If this legally true?

1 answer  |  asked Sep 6, 2017 08:09 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Maybe.

What does your employee handbook say?

How were other employees who did similar things treated?

I will give you a couple unemployment benefits scenarios. The reason for doing this is because it is really hard NOT to recover unemployment in New York unless the employee is at fault or knew or should have known they would not recover benefits. And that happens. When an employee is denied unemployment benefits the chances of successfully pursuing a "plausible theory" to recover on a discrimination claim is almost nonexistent.

If you gave 2 weeks notice and intended to report for all 10 work days (assuming you normally work 5 days a week) and your employer fired you after 1 week and did not pay you for the full 2 weeks you would probably recover unemployment. Fault would probably be the employer's.

If you gave 2 weeks notice and informed the employer that you would only report for 9 or 10 of those days then the chances are pretty good that you would not recover unemployment and fault would probably be attributed to you.

If you gave 2 weeks notice and informed your employer that one or more other employees who gave their 2 week notice were allowed to take PTO or other accrued leave and you believe that you are being discriminated (you are a member of a protected class of employees and the others who were treated more favorably than you by getting their PTO time were not within your protected class or classes) then you might have a shot at pursuing some type of discrimination claim. However, what would your damages be and how much would it cost you to pursue those damages? Were you not quitting anyway?

posted by V Jonas Urba  |  Sep 6, 2017 09:41 AM [EST]

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