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In general, it's not uncommon to have a rule that says employees can't use vacation time during their final weeks after giving notice. The idea is that employers don't want someone to give two weeks notice and then take most of that time off ? they want them at work wrapping up their projects.
Termination Vacation Pay means, at the time of a termination of the Executive's employment hereunder, the payment due to the Executive at the rate of the Annual Salary in effect at that time, on a daily basis, multiplied by the number of earned and unused vacation days up until the Termination Date.
Let us explain. From a legal standpoint, if you've earned, but haven't used, eight vacation days, you can use those eight days as part of your two weeks' notice of resignation. This is due to the fact that the law in most states says that earned, but unused, vacation time must be paid out to employees who are leaving.
There is no hard and fast rule that states that an employment contract cannot be terminated while the employee is on vacation or has provided a notice for the same.
itorloseit policy is allowed in all states, except Montana, California, and Nebraska. A ?useitorloseit? type of vacation leave policy requires an employee to lose any unused vacation time after a set date, usually the end of the year.