Can the same employer make their employees borrow against vacation time they haven't even accrued yet instead of taking the day unpaid?
We get two different types of time. Vacation Time which we accrue by working so many hours a year and P.T.O. (Personal Time Off) time which the company gives out at the start of every year I can see a company saying you have to use the P.T.O. time since it's given to us....But we earn our vacation time and something seems illegal about forcing people to take their earned time and even borrow against time not yet earned. This is happening in the state of Mass and any info provided will be greatly appreciated.
Thank You.
T
2006-10-24 08:04:20 · 6 answers · asked by Sarsippius 3 in Business & Finance ➔ Careers & Employment
Yes. There are no laws which force employers to give their employees vacation time. It's a benefit the employee receives from the employer. As such, the employer can enforce any rules about the use of vacation time that the employer wants to.
2006-10-24 08:08:55 · answer #1 · answered by jim 6 · 1⤊ 0⤋
Do you have a company policy handbook? Your company can do almost anything it wants to as long as it is not against the law if it is written in their handbook and you signed it or agreed to it in any way.
Usually your P.T.O. is spent in any way you choose. It doesn't matter that the company gives it to you. They have no control over how you spend it. Usually the company will ask you if you want to take a vacation day or P.T.O. day instead of docking your pay for a day off. Notice I began each of these sentences with the word "usually".
WHY would they want you to borrow vacation time you do not have? What if you did that and then quit or got fired?
Your vacation time is different every year depending on how many hours you work? I have never heard of that before.
I still think it is your choice if you want to take a day off without pay.
2006-10-24 08:24:53 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Can require vacation time to be taken before unpaid time off - there's no obligation for the employer to give you unpaid time off. Even FMLA allows employer to require employee to take accrued paid time off before unpaid leave, and the paid time off counts toward the 12 week FMLA limit.
As to vacation not yet accrued, doesn't seem sensible to require, but would be a nice gesture to allow it, since that way the employee wouldn't lose pay. I don't know the legal aspects of requiring it. But except as required by laws like FMLA, the employer is not obliged to let you take the unpaid time off.
By the way, vacation time is also given to you, not required by law. It might be required by union or other contract.
2006-10-24 08:12:32 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
If you work for a union, that may be in the contract. If you do not work for a union, you need to check you state labor laws. Each state's labor laws are different.
2016-05-22 08:27:32 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Yes, it's happened amongst automotive workers during changeovers
2006-10-24 08:08:34 · answer #5 · answered by Megamix 3 · 2⤊ 0⤋
call the Commonwealth AG's office and talk to one of the lawyers
2006-10-24 08:07:16 · answer #6 · answered by Buffy Summers 6 · 1⤊ 2⤋