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12/6/2019 7:27:02 PM
Posted: 12/21/2016 6:33:50 PM EST
[Last Edit: 12/21/2016 6:39:02 PM EST by Truth2882]
My employer has been understaffed as long as I've been there. Between 5 guys at work there's almost 200 hours of vacation that they won't have time to take, and the company doesn't pay out for unused time at the end of the year. Is this legal?
Link Posted: 12/21/2016 6:44:13 PM EST
[Last Edit: 12/21/2016 6:48:34 PM EST by Clemson_John]
Yes, my company doesn't accrue time.

State laws may vary.
Link Posted: 12/21/2016 6:54:56 PM EST
[Last Edit: 12/21/2016 7:00:35 PM EST by TheAvatar9265ft]
No requirement for them to pay out... unless you are hours capped, in use or lose, and reasonable requests have been denied. Then it is a creative denial of compensation.

Otherwise, they'll pay out when you terminate.
Link Posted: 12/21/2016 6:56:22 PM EST
Yes it is legal in my state anyway. At my company it is use or loose it. but every state has its own labor laws. Chances are your company wouldn't be breaking the law, unless its a shoty business to begin with.

Because of your under staffing has anyone been denied time off if they requested it? Then you might have something to fight with.

I know it sucks trying to take time off in situations like this, You take a week off and your so far behind when you get back it doesn't seem worth it sometimes.
Link Posted: 12/21/2016 7:03:26 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ZzGUMMOzZ:
Yes it is legal in my state anyway. At my company it is use or loose it. but every state has its own labor laws. Chances are your company wouldn't be breaking the law, unless its a shoty business to begin with.

Because of your under staffing has anyone been denied time off if they requested it? Then you might have something to fight with.

I know it sucks trying to take time off in situations like this, You take a week off and your so far behind when you get back it doesn't seem worth it sometimes.
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Yes, the guys in the warehouse have been asking for the past few months to use their time but our boss denied it due to being understaffed.
Link Posted: 12/21/2016 7:13:06 PM EST
[Last Edit: 12/21/2016 7:18:08 PM EST by ZzGUMMOzZ]
Where the request made within a reasonable time frame? Not can I take tomorrow off? I would say a week would be reasonable. Unless your company has a policy that says otherwise. I have seen policy that specifically states you must give 2 weeks notice for any time off requests.

edit: were the requests written/email requests or verbal? Also they will loose this vacation? or will it roll over to next year?
Link Posted: 12/21/2016 7:34:01 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ZzGUMMOzZ:
Where the request made within a reasonable time frame? Not can I take tomorrow off? I would say a week would be reasonable. Unless your company has a policy that says otherwise. I have seen policy that specifically states you must give 2 weeks notice for any time off requests.

edit: were the requests written/email requests or verbal? Also they will loose this vacation? or will it roll over to next year?
View Quote

2 weeks notice, no rollover. Vacation that isn't used up by end of year is gone. We get a birthday vacation day in the month of our birthday. Mine is January and I've already been shot down for using it even with a 3 week notice lol
Link Posted: 12/21/2016 7:37:21 PM EST
quit and give notice that you will be taking your vacation now.
Link Posted: 12/21/2016 7:55:43 PM EST
[Last Edit: 12/21/2016 7:57:45 PM EST by ZzGUMMOzZ]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Truth2882:

2 weeks notice, no rollover. Vacation that isn't used up by end of year is gone. We get a birthday vacation day in the month of our birthday. Mine is January and I've already been shot down for using it even with a 3 week notice lol
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Truth2882:
Originally Posted By ZzGUMMOzZ:
Where the request made within a reasonable time frame? Not can I take tomorrow off? I would say a week would be reasonable. Unless your company has a policy that says otherwise. I have seen policy that specifically states you must give 2 weeks notice for any time off requests.

edit: were the requests written/email requests or verbal? Also they will loose this vacation? or will it roll over to next year?

2 weeks notice, no rollover. Vacation that isn't used up by end of year is gone. We get a birthday vacation day in the month of our birthday. Mine is January and I've already been shot down for using it even with a 3 week notice lol


Then you might have a leg to stand on. Has anyone gone to HR? How far do you want to take it? Maybe Give a lawyer that specializes in Labor laws of your state. They should be able to tell you if you have a case. Are we talking a larger company or a small one? I am guessing your not in a union?
Link Posted: 12/21/2016 7:57:12 PM EST
Originally Posted By Truth2882:
My employer has been understaffed as long as I've been there. Between 5 guys at work there's almost 200 hours of vacation that they won't have time to take, and the company doesn't pay out for unused time at the end of the year. Is this legal?
View Quote

Depends on state law, some require payout some don't. Nothing on it federally. Sounds like a shitty situation, employees are more effective if they take leave.
Link Posted: 12/21/2016 8:00:35 PM EST
That place sounds like an arfcommer's wet dream job
Link Posted: 12/21/2016 8:08:07 PM EST
[Last Edit: 12/21/2016 8:09:37 PM EST by ZzGUMMOzZ]
According to IL labor laws....

TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 300 PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION
SECTION 300.520 EARNED VACATIONS


Section 300.520 Earned Vacations

....
e) An employment contract or an employer's policy may require an employee to take vacation by a certain date or lose the vacation, provided that the employee is given a reasonable opportunity to take the vacation. The employer must demonstrate that the employee had notice of the contract or policy provision.


sounds to me like they are violating sub paragraph E above "provided that the employee is given a reasonable opportunity to take the vacation"

of course "reasonable opportunity" is open to interpretation.

I suggest you start reading your company's vacation policy.
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