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If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...
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If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...
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New hires sometimes have pre-planned vacations, reserved while with their former employers. Vacations they've already paid for perhaps, e.g. non-refundable airfare, deposits, etc. If a new hire ask
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If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/18/2009 2:26 AM EDT
Posts: 49
First: 7/18/2009
Last: 8/17/2011
New hires sometimes have pre-planned vacations, reserved while with their former employers. Vacations they've already paid for perhaps, e.g. non-refundable airfare, deposits, etc.

If a new hire asks to put unpaid leave for a pre-scheduled 2 week vacation in her offer letter, what should be done? With probationary periods, new hires often aren't allowed to use or even accrue vacation time during that period.

A verbal agreement would seem to be enough, but what if the candidate asks to have it put in writing for protection? Should it be put in the offer letter or can the hiring manager and the new hire do a one paragraph write up, both sign it, and deposit it in the new hire's personnel file when one is created?

How do or would you deal with this situation?

Thanks very much.

Mike

If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/19/2009 12:22 PM EDT
Posts: 464
First: 6/30/2004
Last: 11/22/2010
I have done it both ways.

Today, I would put it in the job offer letter as an additional paragraph to our standard language around job title and description, title, pay, benefits, hours, etc.

If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/20/2009 9:51 AM EDT
Posts: 49
First: 7/18/2009
Last: 8/17/2011
Thanks Marc. Are you sure that's ok? I've read not to put much else in an offer letter than title, salary, and start date. I've read explicitly that benefits should generally not be mentioned, or an employee may later claim she had a Contract rather than At Will employment.

But it seems safe enough for a one-time only bit of unpaid leave, right? Maybe not so smart to put in anything benefits-wise that might repeat, like an annual 1-2 weeks of unpaid leave?

If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/20/2009 10:26 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
If you're putting the following paragraph (or similar) in your offer letters then you don't have to worry about diluting at-will with things like extra unpaid vacation weeks and so on.

"Your employment with the Company will be at will which means that either you or the Company may terminate your employment at any time and for any reason, with or without cause. The at will nature of your employment may only be changed in an express written agreement signed by you and a duly authorized officer of [insert your company name here]."

If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/21/2009 2:48 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
The prior post is correct. As long as the offer contains language indicating that the employee-employer relationship is at will, then any additional acknowledgments regarding the terms of employment will not impact the employment at will relationship, unless such terms are inconsistent therewith.

I trust this is helpful.

Dave Arnold, Ph.D., J.D.

If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

posted at 7/30/2009 5:29 AM EDT
Posts: 4
First: 11/9/2001
Last: 7/30/2009
While we do not adjust our offer letter, we do get an approval/confirmation via email from the hiring manager for the unpaid time off.

This is printed out and included with the new employee's hire paperwork.

This process has been acceptable to all of my new hires and their managers.

Forums » Topic Forums » Recruiting & Staffing » If a new hire asks to put unpaid leave for a pre-scheduled vacation in her offer letter...

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