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Forum
-> Working Women
Is a person entitled vacation pay from her previous job, if she left the job for a new one
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yes |
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39% |
[ 9 ] |
no |
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60% |
[ 14 ] |
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Total Votes : 23 |
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supermom
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Sun, Aug 26 2007, 6:12 am
My question isn't really based on if she should get paid for vacation on a regular year. THe question is for the fact that she left.
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Marion
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Sun, Aug 26 2007, 7:07 am
The fact she left only means that she should be giving that vacation pay to whoever took over for her! In the regular business world, if you are fired from your job your company STILL has to pay out whatever unused vacation time you have accumulated. I believe this is true also if you left.
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shalhevet
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Sun, Aug 26 2007, 7:08 am
She brought in a substitute who she paid, right? So you got the service for the full year. Like I said, she probably has to settle up with the sub how much each gets, but that's nothing to do with you.
If someone leaves a job, they can take pay in lieu of holiday remaining, even if they immediately start a new job.
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tzipp
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Sun, Aug 26 2007, 8:02 am
IMO, someone you need to bring to bais din, you don't leave your children with. And if your children are not being watched by her or her sister, there is no need to pay anymore.
Well, from reading further I see that you really had no choice. Well, probably just pay it and let it go. Your child has been recieving daycare after all. But shoulding the current teacher recieve the vacation pay?
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greentiger
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Sun, Aug 26 2007, 8:26 am
I have neices and nephews in ganim here and my sister used to run a gan and I have never heard of paying for vacation time.
Althogh if that was the agreed upon arrangment, I can see it does make sense since she continued providing you with a gan for the full year whether it was her teaching or not (replacments are quite common from what I understand)
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Mimisinger
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Sun, Aug 26 2007, 8:33 am
Oh, I live in the US and I just had to find a sitter for my son, who wants to be paid on all American holidays and chagim and doesn't want to work for any of them! So, I'm not too happy about this, but in order to keep his spot, that's what I'm going to have to do. She hasn't mentioned summer vacation or anything like that, and as I'll need her for the summer also, I hope she doesn't ask...
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happyone
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Sun, Aug 26 2007, 9:50 am
If it's a twelve month "contract", even if it wasnt a formally written contract, as Marion wrote, if you chose to send, you chose to go by her rules. BUT, if she broke her end of the deal, and did not finish the 12 months, why in heavens name should she be entitled to vacation pay. In my opinion, she deserves nothing for the summer months, as she was employed elsewhere. I would be interested to hear what Bais Din will rule.
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greenfire
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Sun, Aug 26 2007, 11:34 am
I have such different opinions ... including why on earth pay ... yet there was a contract - and although legally you did not sign it becomes oral by the simple fact that you did ultimately put the kid in ...
if you feel better emotionally you might just have to look at it divided to the times you were there as a higher fee ... keeping in mind that some schools allow a ten month payment plan or a 12 month to make it easier on you ...
it's weird that it's private but as a steady arrangement I guess I get it ...
the one recourse you have as someone above stated is that her young sister was NOT part of the agreement and should therefore void same ...
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Mrs. XYZ
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Sun, Aug 26 2007, 12:12 pm
I dont see why she shouldn't get it.
Her mistake was that she SAID she was leaving before. Had she not said anything, but at the begining of July just said that she is taking her entitled paid vacation (and put her sis as sub) and after the summer just said good-bye, you wouldn't have 'tayna'. Cause she would officially still be on the job during her vacation. (Its none of anyones business what she does on her vacation)
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amother
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Sun, Aug 26 2007, 12:15 pm
If she'd had a baby, or otherwise was ill, and arranged for her sister to take over, would you feel the same way?
I'm not sure it makes a difference, but the beit din might consider that.
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Marion
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Sun, Aug 26 2007, 2:14 pm
Mimisinger wrote: | Oh, I live in the US and I just had to find a sitter for my son, who wants to be paid on all American holidays and chagim and doesn't want to work for any of them! |
But statutory holidays are not optional days...anywhere, as far as I know. The question here was whether a 3 week summer holiday is "statutory", even if the person in question is no longer working in that position!
Mrs. XYZ wrote: | Her mistake was that she SAID she was leaving before. Had she not said anything, but at the begining of July just said that she is taking her entitled paid vacation (and put her sis as sub) and after the summer just said good-bye, you wouldn't have 'tayna'. |
Not quite true. The 3 week vacation is not in July; it's in August, after 9 Av. So if she'd taken 3 weeks in July and then still wanted to be paid for August, that would really be chutzpah!
The whole substitute question is a bit of a red herring, IMO. One of my DCPs went on maternity leave in February (only took one month though), and then decided she was taking another week in June. Problem is that no one got to meet the replacement ahead of time. (In fact, I'm STILL waiting for her to tell me about the planned vacation, rather than hearing about it from another parent!) When I chose the daycare she was 6 months pregnant and I knew what arrangements she'd made for coverage. But it bothers me that she didn't tell me about the other week before she went. If not simply because there were only 5 kids in the daycare when she went on maternity leave, and the other metapelet was there too with the substitute, but by the time she took the week off there were 9 kids. What would have happened in an emergency? If one had to take a child to the clinic or emergency? The other would have been left by herself with 8 kids under 2????
But I don't know that the replacement/sister question is relevant to vacation pay.
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