yellowcat52 10-20-2005, 06:17 AM This year my employer changed their vacation policy so that we are no longer able to carry vacation days over from one year to the next. Many people had a large number of days acccumulated under the old "roll over" policy, and when the new policy took effect, those employees who were in this category were told that they must consume those vacation days before the end of the year or those days would be lost.
The problem is that the work schedule is so hectic that anyone involved in "mainstream" projects isn't really able to take vacation. In an attempt to consume over a month of accrued vacation time before the end of the year, I had begun taking one day a week (normally a Wednesday) as a vacation day and had planned to continue doing so for the rest of the year. Now my supervisor has told me that because of several "critical" projects, no vacation days will be granted until those projects are done, and the likelihood is that this will continue for the remainder of the year.
After reading some of the other responses about labor law in Georgia, I'm betting that this denial of a stated benefit is probably perfectly legal here, but I'll ask the question anyway...is this legal in Georgia?
It is legal in every state. No law requires an employer to approve vacation days at any given time. Even in states where vacation time is considered wages (and Georgia is not one of these) employees do not have the guaranteed right to decide when they are going to take vacation. Barring a bona fide contract granting you that right (which would be EXTREMELY uncommon) it is up to the employer, not the employee, to decide if and when vacation can be granted.
yellowcat52 10-20-2005, 08:07 AM Thank you for the reply!
So in the final analysis, when you sign a "contract" with an employer, the contract covers ONLY the concept that you will do a certain amount of work in exchange for a certain amount of pay. Anything that the employer holds out as a benefit (such as vacation, sick days, health insurance, etc.) is offered at the whim of the employer and can be offered or withheld at the employer's discretion. If you are an "exempt" employee (or salaried), your employer can require that you put in what could be "unlimited" amounts of time in exchange for the salary you agreed to at the time the contract was signed.
And finally, as an employee, the only recourse you have if you don't agree with the whims of your employer is to find another employer whose whims are more aligned with yours.
I am, of course, stating this somewhat "tongue in cheek," but isn't the basic idea I'm expressing accurate? (Boy, it has taken me a long time to realize this!)
Beth3 10-20-2005, 08:21 AM So in the final analysis, when you sign a "contract" with an employer, the contract covers ONLY the concept that you will do a certain amount of work in exchange for a certain amount of pay. Basically, yes.
Anything that the employer holds out as a benefit (such as vacation, sick days, health insurance, etc.) is offered at the whim of the employer and can be offered or withheld at the employer's discretion. Not in individual cases. An employer isn't obligated to offer a retirement plan, for example, but if they decide to do so, then there are voluminuous federal laws that must be complied with to ensure that employees are protected and the Plan is administered lawfully. An employer can't say, for example, "I like you so you're in the retirement plan; you're ticking me off, employee B, so you're not going to get it."
If you are an "exempt" employee (or salaried), your employer can require that you put in what could be "unlimited" amounts of time in exchange for the salary you agreed to at the time the contract was signed. What contract are you referring to? A job offer is not a contract; only a contract is a contract. Getting back to your basic issue though, exempt employees need only be paid their fixed weekly salary regardless of how many hours they work. Non-exempt employees can also be required to work extensive hours - the only difference is that they must be paid overtime.
And finally, as an employee, the only recourse you have if you don't agree with the whims of your employer is to find another employer whose whims are more aligned with yours. Competely accurate unless an employer's whim happens to violate a State or federal law.
harvey123 01-05-2006, 11:16 AM This is where I continue to say that the employee doesn't have much recourse in what the employer does in the state of GA, SC, FL, TN, and other such "at will" states. They can virtually treat employees like dogs, but as long as the employer is not violating state or federal laws (and most of those laws only apply to EEOC regulations) they can say and do as they please to anyone whenever they feel like it. As long as you are willing to take it, you can continue to work there, and trust me: they do. There are companies that will berate and abuse employees so the employee quits, therefore, the employee doesn't get to draw unemployment...and so on. Again, there oughta be a law!
Harvey, I would appreciate it if you would stop responding to posts that have been dormant for several weeks or months.
harvey123 01-05-2006, 11:38 AM maybe you should delete them after a certain time. People still read these things when they are there, and there could be some kind of helpful information the person wishes to obtain, INCLUDING myself. Thank you. This is being done as research myself, so ANY posting could help me in my quest for answers.
Your suggestions are noted, but if you are going to continue to post here you need to adhere to the rules of the site as they are, not as you think they should be.
harvey123 01-05-2006, 11:54 AM You know what? I wasn't making the rules, I was only asking questions. I didn't ask for this confrontation with you. I didn't offer any UNNECESSARY information and am willing to be corrected. The rules as I think they should be? I guess. Maybe you should explain to me exactly how I am breaking the rules? I won't respond to anything else again, much less try to ask any questions. Georgia, apparently, is supposed to be seen and not heard, huh? By the way, unless you actually OWN this website, who is YOUR supervisor? Wouldn't take much for me to find out and follow up on your responses to me, would it?
I am not employed by LLT but if you want to complain about me, go right ahead.
I was referring to your response when I asked you, politely, to stop responding to dormant posts.
elle0998 03-04-2006, 07:02 PM I don't want to get in the middle of this, but I appreciate the new information, even though it may have been posted a few months after the original issue was brought up. I figured any info is helpful, especially since people (people like me) search this site for questions I have and the additional info you provide may help someone else looking for answers.
As for rules, well I just joined this site and I didn't see anything about not posting after a certain time period.
So, harvey, I have no idea who you are but thank you for taking the time out to try and give people a hand. Ignore the unwarranted criticisms you may receive.
If your read the thread, you know about the rule.
elle0998 03-05-2006, 02:38 PM Huh???????
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