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  1. #1
    Join Date
    Mar 2010
    Posts
    6

    Default Employer Making It Next to Impossible to Take Any Time Off

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

    I am a full-time employee who receives one week of paid vacation a year.

    We are required to find our own substitutes to take time off (unless calling in sick and then we use sick leave).

    In our Employee Handbook it states:

    "A list of approved substitutes is posted in the office."

    "All substitutes must be approved by the director".

    Also it states that "A list of approved substitutes will be given by the director".

    We have to fill out a leave request sheet and have the substitute sign when he/she will work for us. In order for time off to be approved, we must have our time covered.

    The problem is, there is NOT a list of substitutes available! The director has NO substitutes to work for us. She will not hire them because she doesn't want to pay to train them, etc. (She has told me this.) She also will not allow us to find anyone else to work for us from any where else.

    There is one part-time college student who can work for us occasionally and I have been told "Oh she can't work for you, she isn't assertive enough" or something like that.

    Basically, this is a company with over 50 employees and right now we have ONE college student available to substitute for TWO MORNINGS a week!

    So, it is next to impossible to ever get a day off.

    Even the part-time staff that don't get paid time off can't get any time off (because they can't find a sub) without just lying and calling in sick.

    On top of that, if we don't get to use our vacation, we lose it. Even if it is the director's fault (by not providing substitutes for us) that we can't get any time off, we just lose that time.

    Oh, I forgot to mention that we have to have a sub in order to go to the doctor or any other appointment like the dentist, etc.

    So, making medical appointments are difficult/next to impossible, whether it be for you or your child(ren).

    Is there anything we as employees can do about this?

    Thank you for any help you might offer.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    Well, you could find job with a more reasonable employer.

    I don't blame you for being upset, but there are no laws being violated here. Poor management is not actionable.

  3. #3
    Join Date
    Mar 2010
    Posts
    6

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    So, it is perfectly legal for an employer to not allow you to use the benefits that you have earned?

    It is legal for an employer to not allow you to take time off for medical purposes (with or without pay)?

    Just wondering. I couldn't find much information about this in Alabama's Department of Labor website.

    Thanks.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    In most states, including Alabama, an employer could legally require that you work 7 days a week, 365 days a year. There is no law requiring that they EVER give you time off.

    Good management? No.

    Legal? Yes.

    The only exception would be if the time off was attributable to FMLA.

  5. #5
    Join Date
    Mar 2010
    Posts
    6

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    Thank you for your help. This seems like such a shame that there are not more laws protecting the employee in these matters.

    Is there a law that says an employee can not be forced to work more than 40 hours a week?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    No. There is no such law in any state.

  7. #7
    Join Date
    Mar 2010
    Posts
    1

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    my boyfriend works 40 pluse hours 7.50 hour no breaks and he claims he can keep him as long as he wishes he prposly keeps him after time he has to be at medical school he doesnt want him to quit so this is how he thinks he will keep him. he alsoo made rules for employers a year after he was hired and makes it almost emposable to take time off for doctors or get asst he needs

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    Then he should find another job. His employer is not being very nice, but he is not violating any laws.

  9. #9
    Join Date
    Mar 2010
    Posts
    6

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    I did look up the Fair Labor Standards Act on the U.S. Department of Labor website and found that I am entitled to overtime pay if I am required to work over 40 hours a week. So that's good.

    From the WHD Website: "The Act (FLSA) requires that employees must receive at least the minimum wage and may not be employed for more than 40hours in a week without recieving at least one and one-half times their regular rates of pay for the overtime hours."

    But it also states: "The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative)."

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Making It Next to Impossible to Take Any Time Off

    You didn't ask me about overtime pay. I said that you could be forced to work over 40 hours a week, not that you didn't have to be paid for it.

    Neither Federal nor Alabama law requires any breaks of any kind.

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