Kentucky Pay in Lieu of Notice Guidelines
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How to fill out Pay In Lieu Of Notice Guidelines?
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FAQ
If the employer pays out the notice period, the employee's employment ends on the date that payment in lieu of notice is made. The employee doesn't stay employed during the notice period (or continue to accrue entitlements, such as annual leave).
If a notice period such as one month is required for an employer to terminate a contract, a 'payment in lieu of notice' is immediate compensation at an amount equal to that an employee would have earned as salary or wages by working through the whole notice period: for example, one month's salary.
Kentucky law defines "wages" to include any compensation due to an employee by reason of his employment and includes "vested vacation pay." KRS 337.010. Vested vacation pay should be considered accrued and unused vacation pay.
If you get a payment in lieu of notice it means that your employer pays your salary, and perhaps also benefits, for your notice period, but you do not have to work during that time. It's also known as PILON for short and sometimes called wages in lieu of notice.
Kentucky requires that final paychecks be sent either on the next scheduled payday or with 14 days, whichever is later. The final paycheck should contain the employee's regular wages from the most recent pay period, plus other types of compensation such as commissions, bonuses, and accrued sick and vacation pay.
Therefore, it can be argued, that upon failure of an employee to give written notice of 1 (one) month or payment in lieu thereof, provided such employee is not released from his employment due to lack of due notice and his consequent absence from duty, can be relied upon by the employer to justify deductions of an
Which means if the employee does not give one month notice or as many months as prescribed, in the letter of appointment, he/she has to pay one month salary or as many months salary as prescribed in the letter of appointment.
In conclusion, employers are entitled to withhold an employee's entitlements if they choose to resign without notice. It is important to know your rights and obligations as an employer in each employment situation.
Luckily, in Kentucky, at least, there are some situations where you would be entitled to be paid out those earned vacation days when your employment ends. So, the Kentucky law requires your employer to pay out any vested vacation pay at the end of your employment.
Kentucky law considers vacation pay to be a part of wages; thus if paid vacation is promised by contract, policy, or practice, employees who terminate for whatever reason, must be paid for all earned, unused vacation pay at the time of the next normal pay period or 14 days after their last day, whichever is later.
