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Part Time and Vacation in New Jersey

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  • Part Time and Vacation in New Jersey

    Hi,

    I'm new here and hope someone can help me with this.
    We are a small office in New Jersey with 2 employees.
    One works full time and the other one part time.

    Yesterday we started a discussion about vacation with some friends and we finished without success.

    Some says that according to Federal Laws, the employer doesn't have any legal obligation to let us leave (vacation time) or if he does let, he doesn't have to pay for the vacation time.

    Some other says that everybody who works more than a year o the same job has the right to leave for 2 weeks for vacation (and get paid for that).

    Also, someone told me that since i work part time (3 hours Saturdays and Sundays, 4 hours Tuesdays and Thursdays) the employer doesn't have any kind of legal obligation with me regarding to vacation, even if I'm on this job for more than 3 years.

    Does anyone can point me to the right direction?
    Can I leave for my vacation or not? And if I can... does he have to pay me?

    I appreciate any help and thanks in advance.

    Em.Brito
    NewJersey / USA

  • #2
    There are no laws requiring employers to provide any vacation time to employees, let alone paid vacation time. It's also not illegal to provide different levels of benefits to employees based on their classification (part time vs. full time). What would be illegal is providing different levels of benefits to employees based on a protected characteristic.
    I am not able to respond to private messages. Thanks!

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    • #3
      There is no Federal law and no law in any state that requires an employer to provide either paid or unpaid vacation, regardless of whether you are full or part time and regardless of how long you have worked there. If an employer does offer vacation, either paid or unpaid, the employer has the right to determine at what time the employee may take it - they may deny vacation requests if the time the employee wants off is inconvenient for the employer.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Originally posted by Marketeer View Post
        ... It's also not illegal to provide different levels of benefits to employees based on their classification.
        Hey, thanks a lot for the answers and explanations.
        I just don't know what you mean by "protected characteristic" but one more thing:

        When you say Classification you mean my position on the company (like technician, manager, etc) or part time and full time?

        Let's say the company has two part time employees working on different functions but with the same days and hours.
        If for employee "A" they give paid vacation time every year, they have to offer the same benefits to employee "B" ? Or... not because they are on two different classifications?

        Thanks

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        • #5
          A protected characteristic is race, religion, gender, age, etc. In other words, they cannot discriminate illegally in providing benefits.

          It's not illegal, for example, to give management better benefits than everyone else. It's not illegal to give part-time employees fewer benefits than full-time employees. It's also not illegal to give Employee A more vacation days than Employee B because Employee A was a better negotiator when he was hired.
          I am not able to respond to private messages. Thanks!

          Comment


          • #6
            Thank you so very much for your time answering my question.
            have a great day.

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