Summer is a time for sunshine and get-a-ways to tropical places. But before you book that vacation, it’s a good idea to know your rights as they apply to employment law. More and more employees are being cautious to travel away from the office, in fear of losing their job or being looked upon unfavorably. So what an overworked person to do? To vacation or not vacation – that is the question.
In some states, there are no laws that dictate employers must provide paid or unpaid vacation. However, it is common and enticing for employers to provide some type of vacation package for employees. If the company does offer paid vacation, then certain restrictions are placed by law.
Under most states, earned vacation time is equal to wages. This means that vacation time would accrue as it is earned and cannot be declined, even if fired from the job, regardless of reason. An employer can however set restrictions on employees earning over x amount of vacation hours. If an employee is terminated, vacation time must be paid at the current pay rate.
The Division of Labor Standards Enforcement (DLSE) does not require that an employer provide an employee with vacation immediately upon employment. This means that during a probationary or trial period, no vacation benefits may apply. After the probationary period has passed, a valid vacation plan would dictate that vacation accrues more rapidly based on number of years of employment.
Employers are not legally bound to provide part-time or temporary employees with vacation benefits. Each employer’s vacation policy is usually different, but this information should be covered at time of hire, either in a contract negotiation or in a formal employee handbook. Some employers post vacation information next to federal and state labor law posters, so that all critical information is in one easy to access location. Though state and federal labor law posters are required to be displayed in common areas, there are no posting regulations for vacation policies, as these are not dictated by the government.
Worried about trying to squeeze in a vacation at the end of the year because you think your vacation hours are about to expire? No need to sweat it. Vacation hours cannot legally expire, and therefore roll over into the next fiscal year. Though sometimes trips cannot be avoided, employees are encouraged to coordinate their vacations around times when their job duties can be managed. Questions regarding your upcoming vacation or other information from labor law posters? Check on-site with your HR department, consult the DLSE website, or reference the Department of Labor.
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