It should be in your contract, which means it was up for negotiation. Unless that's what you mean. While there's such high demand for tech workers, I would expect to see people being smarter with their contracts and picking up on things like that, start setting precedents.
At the moment the precedents are still heavily employee biased, but you ask for whatever you want in your contract during negotiations. Negotiate your sick pay, negotiate your PTO, negotiate your vesting schedules and exit terms, negotiate your hours and time in lieu policies. Negotiate your Intellectual Property terms. That one is super common to see lopsided toward the employer. We don't have unions or award rates, so we also miss out on some of those protections, hence why we need to make sure it's in the contract.
Even the nicest, fairest business owners I've worked for will start with industry standard contracts that do their best to shaft you, because it's industry standard and they don't see it as lopsided. But I've never had trouble negotiating for this stuff to be made clearer and fairer.
> It should be in your contract, which means it was up for negotiation.
Generally, employees in America do not have contracts. While plenty of things are open for negotiation during the offer/hiring process, I doubt you'll get an exception to a corporate policy on paying out on PTO if it's not something they already do.
That said, IME, accrued PTO has always been paid on departure (voluntary or not). For this reason, most of the places I've worked heavily encourage (or even require) taking PTO, because it's a liability on their books.
It seems common in the tech world, though? Amusingly, my current contract is from when the company was small, and explicitly guarantees provided lunch.
> Generally, employees in America do not have contracts.
Is that true? The company surely has terms for you, like expected working hours, terms about your sick leave, performance and health terms, out of office expectations, intellectual property disclosures and NDAs? Non-compete clauses? When does all that become binding if not through a contract?
A typical American tech worker's "contract" covers IP assignment and NDA. None of the other stuff is legally binding, and either side is free to change it or walk at any time.
I wonder if this is partly why upper-end salaries get so sky-high when compared to other country's tech sectors. It might be accounting for a level of risk that you could be cut off at any moment, especially in at-will states.
> It should be in your contract, which means it was up for negotiation
I've never seen this in the US. The only things typically up for negotiation is the sign on bonus/equity and base pay. If you start trying to negotiate vacations and holidays, you're going to look pretty silly.
I'm doing my best to understand this and be empathetic. Best of my brief research you haven't got any law bound entitlements so whatever the "status quo" is has been set by employers. So what I'm understanding here is that it's not even an agreement, it's just an understanding? Trying my best not to be inflammatory, as I understand this is a cultural thing for the US. But in a country with so little workers rights and entitlements, that high end workers are not even able to protect themselves with contracts seems silly.
> The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative).
> The only things typically up for negotiation is the sign on bonus/equity and base pay. If you start trying to negotiate vacations and holidays, you're going to look pretty silly.
Everything is up for negotiation. Just depends whether or not you have options. I have seen PTO negotiated in the US.
At the moment the precedents are still heavily employee biased, but you ask for whatever you want in your contract during negotiations. Negotiate your sick pay, negotiate your PTO, negotiate your vesting schedules and exit terms, negotiate your hours and time in lieu policies. Negotiate your Intellectual Property terms. That one is super common to see lopsided toward the employer. We don't have unions or award rates, so we also miss out on some of those protections, hence why we need to make sure it's in the contract.
Even the nicest, fairest business owners I've worked for will start with industry standard contracts that do their best to shaft you, because it's industry standard and they don't see it as lopsided. But I've never had trouble negotiating for this stuff to be made clearer and fairer.