Is it legal for my boss to break up my vacations days by 30 days for pay?

Question

I have asked my boss for vacation pay since he is retiring. I have 8 days left. I get paid on the 1st and 15th and it is salary,always the same. Is it legal that he breaks up my remaining days by 30 days. I do not work 30 days a month. I work 22 days. For example I get paid 1600.00 a month, he divided that by 30 and then multiplied that by the 8 remaining days. It came out to 426.33. that is less than I would usually make. I would make more by taking my vacation.please help.

Answer 1

No that is not right. Your rate for the month is the monthly pay divided by 22. Tell him he has made a mistake. If he doesn't correct it get advice form the local Community law center.

Answer 2

Doesn't sound right or reasonable, but probably isn't illegal unless the calculation is spelled out in writing somewhere in an employee handbook or a contract. Vacation, and vacation pay, is a benefit, not a legal right.

Answer 3

That is not right. If he is unreasonable about it go to the HR Department of your company. If that doesn't work go to the Attorney General and find out what agency handles labor issues.

Answer 4

well if its 1600$ a month, then it is not specifying a particular amount per day or per hour, regardless of when you do/don't work. At any rate, talk to a HR person for clearification.

Answer 5

if it is illlegal, it is only because it is a breach of contract. it is not a violation of any employment law that i am aware of. thus, your best argument would be based upon either a written or implied contractual provision.

Answer 6

tell him he better make it right or tell him he had better watch his back , then i would hire some goons to kick his assss and beat the money out of him