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  1. #1
    Join Date
    Nov 2013
    Location
    Pennsylvania
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    806

    Default Required to Use Vacation Time to Get Paid Over Mandatory Holiday

    My question involves labor and employment law for the state of: PA

    I am employed by a company that requires its sales staff to take vacation between Christmas and New Year's Day. Employees are required to use vacation time or will be considered off without pay. This year, that equates to 4 required vacation days. As I started this Job in September, my vacation was prorated and due to that pro-ration (having used no other vacation since starting employment), I am 1 day (8 hours) short to cover the required vacation. I brought this up to my employer and was told that this is what's been done since 2009. Well, that isn't relevant Mr. Employer, as you (nor anyone I interviewed with) made me aware of that policy, nor was it outlined in the offer letter that I signed (otherwise I would have negotiated better to make sure I had at least 4 vacation days as part of my offer). Employer is standing firm. Is there any diplomatic way to resolve this?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Forced to Use Unavailable Vacation Time

    Put on your big boy panties and suck it up unless you meet the FLSA salaried administrative employee exemption and work one one day during the week.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced to Use Unavailable Vacation Time

    It's already been resolved for you. What makes you think anyone had to make you aware of any and all policies before hire? Or that they would be void if they were not?

  4. #4
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Forced to Use Unavailable Vacation Time

    Quote Quoting Disagreeable
    View Post
    Put on your big boy panties and suck it up unless you meet the FLSA salaried administrative employee exemption and work one one day during the week.
    After reading your comment, I realized I left out an important detail - simply working 1 day during the week doesn't solve the problem, as it would be unpaid work. I did not have the option of working 1 day. To make it more clear, the policy is that all sales personnel are required to use vacation time between Christmas & New Year's Day. If an employee does not have enough remaining vacation time available to use, unpaid time off is required. So, there is no option to "put my big boy panties on, suck it up, and work". I'm dedicated, but I won't be working for no pay.

    Quote Quoting cbg
    What makes you think anyone had to make you aware of any and all policies before hire? Or that they would be void if they were not?
    Because it's the decent thing to do. Working is a relationship between the employer and employee. Not making an interviewee aware of an out of the ordinary policy before the interviewee accepts the position seems deceptive. Making it more deceptive is the fact that employer knew prior that interviewee would not have enough vacation time (prorated, based on the start date) to even cover the "mandatory vacation requirement". It seems reasonable to me to have been made aware of such a policy.

    Furthermore, I have a detailed, 6 page working contract that states numerous things, specifically, how and when both vacation and sick time can be used. It's clear nothing illegal was done, just seems unfair (I know, I know) for an interviewee to have to jump through hoops, background checks, drug tests, reference checks, DMV checks, to not be made aware of a policy that would directly and negatively impact someone's earning potential.

    But I thank you for your responses.

  5. #5
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Forced to Use Unavailable Vacation Time

    For all contract issues, the answer is always "take your document to a local attorney who will have to actually read it". While all contracts are documents/agreements, not all documents/agreements are contracts. Until you can find an attorney who has actually read the document who agrees with you that the document is a legally enforcable contract in your state, and the wording means what you think it means, then legally you have nothing. Most employees do not have contracts. And legally most company policies do not rise to the level of a legally enforceable contract.

    Possible contract issues aside, there is no general legal requirement that companies have policies or even that they follow all policies. A few policies have the force of law, but legally most do not.

    The one thing you said that caught my attention is working for no pay. Federal law (FLSA) would not permit that. And if you are both FLSA Exempt and required under FLSA to be paid on a Salaried Basis, then there also could be some 29 CFR 541.602 related docking issues involved. But if we are talking about not getting paid for hours NOT worked, then federal law (FLSA) and most state laws mostly do not care.

  6. #6
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Forced to Use Unavailable Vacation Time

    Quote Quoting DAWW
    View Post
    The one thing you said that caught my attention is working for no pay. Federal law (FLSA) would not permit that. And if you are both FLSA Exempt and required under FLSA to be paid on a Salaried Basis, then there also could be some 29 CFR 541.602 related docking issues involved. But if we are talking about not getting paid for hours NOT worked, then federal law (FLSA) and most state laws mostly do not care.
    This part is helpful - is that is exactly what they proposed. I also understand what you are saying about contracts. My "contract", which I'm assuming is indeed a contract as it is titled "Employment Contract for Exempt Salespeople". In this document, it outlines duties/responsibilities, pay, vacation/sick time, holidays, commission payout plan, etc. It does not, however, mention this vacation policy at all. No mention whatsoever. I understand companies can do whatever they want, and employees can choose to go along with it, or quit. That is not what I'm arguing.

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