Vacation Time Rip off?

[MellowCat]

What is the name of your state? Texas

I'm using 2 vacation days plus 1 "birthday" day off next week. Friday afternoon, the boss decided to let the staff off Monday, which I've already scheduled as vacation time. They're telling me that I still have to burn my vacation day and can't get an extra day off later because "I'm already off anyway." This means the other employees get and extra paid vacation day that I don't. I read on the US Dept. of Labor site that employers are supposed to offer another compensable day off in this type of situation, but I can't determine if this applies to Texas (?). Anyone have any knowledge on this topic?

 

[cbg]

Before I comment I'd like to see what it is you're looking at on the US DOL site. Can you post a link?

 

[MellowCat]

Arrrrgh! I originally found the site from a link to a link to a link to a link and so on. I've been trying for 45 minutes to back-track my steps and I can't find the site now. I went to the US Dept. of Labor site, but now I'm thinking I didn't find it there. Hell, I don't know where I wound up finding it. I came *this* close to bookmarking the site, but alas, didn't. It's par for the day I've had.

From memory, the verbiage was something to the effect that if an employee works any hours during the week (I will be working 2 days within the week) for which paid time off is granted to other employees, the employee absent on that day for vacation or other used time off, must be offered equivalent time off at a later date. Of course, that's from memory and it's not that good these days ; ). Further, my interpretation might not be as objective as necessary, though I feel pretty confident that my interpretation was correct. I was actually surprised to find this, as from what I've read around here, the employees are usually entitled to squat when it comes to these types of issues. It will drive me crazy until I know what the law says in regards to this. Any help anyone can give will be appreciated. Meanwhile, I will continue to search.

Thanks for replying, cbg - you're my favorite contributor around here.

 

[cbg]

I don't think you found that on the DOL site. That sounds more like you may have found it on a site for public employment; perhaps one for state employers in some state. It's also possible it may be with regards to government contractors. It is not the law for private employers under Federal law, and while I'm not going to claim I've studied the law in all fifty states, it's not the law in any state I know of. I have had employees in Texas, so that's a state I have at least some familiarity with.

Vacation time, or any other time off, paid or otherwise, is not a benefit administered by the US DOL. They take the position that this is an issue that is between the employer and employee.

To the best of my understanding after working with employment law for twenty-five years, what your employer is doing is legal. I would be VERY interested in seeing that site if you ever manage to find it again. I'm not saying you're wrong in what you saw, but I'd very much like to know what the source is - whether it's state, Federal, only in certain situations, etc. If my understanding is incorrect, I'd like to know it.

One thing you might do is call the DOL and ask them. If you do, post back and tell me what they said, and ask them for a source.

BTW, thanks for the kind words. I seem to have ruffled a few people's feathers recently; it's nice to know that SOMEONE appreciates what I do!