mrobles
06-18-2007, 10:30 AM
Here is the deal I have been working for A hair salon for 4 years. I am a Hairstylist. My Employer just informed me that i only have 3 vacation days left. And if i go over my vacation days he will terminate my health insurance.
He has given me a total of 4 weeks vacation. 2 weeks paid, 2 weeks unpaid and for everytime we call out he takes away 2 Vacation days.
Also, to get the paid vacation you have to be off 3 days in a row. So everytime i have scheduled one vacation day. i was never paid. Is all of this even legal..please help.
ElleMD
06-18-2007, 12:44 PM
You have a bunch of issues here so I'll try to separate them out.
If you take a day off, you do not have to be paid for it. If you must use vacation in increments of 3 days in order to be paid, that is legal. I'm not sure I follow how he can take away two vacation days for every absence and then not pay you for the time. Is he charging 2 days for every absence or not paying you at all? He doesn't have to offer paid vacation at all, so if he does, it is his descretion how much to grant.
He can not just drop you from a group health policy if you run out of available vacation days. If you are off for an extended period beyond that, he can charge you the cost of the full premium. Note it isn't a violation until he actually does it or tries to do it.
mrobles
06-18-2007, 06:45 PM
yes, he is charging 2 vacation days for every absence i take and i am not paid at all.
He warned me that I only had 3 vacation days left and if go over those days he will terminate my health insurance. how long is an extended period have to be? i know for sure i will go over my vacation days is there anything that i can print out that i can show him regarding this matter.
thank you so much for replying.
ElleMD
06-19-2007, 06:08 AM
So he is "charging" the unpaid vacation days then? It is stupid, but legal. I wouldn't take off more than 3 days the rest of the year if I were you. It just saves the hassle.
The insurance contract is what governs when you can and can not be dropped. If this is a sect 125 plan (you pay part with pre-tax dollars) then there are also IRS rules that get involved and going over on vacation is not a valid reason to drop someone's insurance. Your plan would also usually define active and inactive status. If you were going on leave and were not going to be paid so that the premiums would be taken out of your check, then your employer could require you to pay the whole premium, unless you qualify for FMLA. That gets into a whole separate matter and has no bearing on vacation days, only being out for serious health matters.