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Vacation Pay New Hampshire

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  • Vacation Pay New Hampshire

    I quit my job and am still entitled to one weeks vacation pay, I took one week already and the other scheduled on the calendar, they said they wont pay me because I quit when I went in for my last check, now they are saying no one was ever entitled to two weeks,but when I requested my second week at a later time I was never told this was unpaid, yet I have the employee handbook from before the company was sold under new management and there was never a new handbook, so we would have to follow past practices, also under New Hampshire State and Federal Law there are supposed to be posters posted in the office stating the labor laws and there are not. I have a hearing coming up, I was wondering if I had a good case?

  • #2
    How is vacation time accrued at your company? The fact that you have two weeks available for use over the course of the year does not mean that you have accrued both weeks of it on any given date, particularly mid-year.
    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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    • #3
      Boy, that was one LONG sentence. A hearing for what? Did you file with the state DOL for failure to pay the remainder of your earned vacation?

      BTW, the new employer is not required to adhere to the policies of the old one. Employee handbooks are not even required by law.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        In reply

        Yes I have filed, I have a hearing in September.
        Sorry I know it was long.

        The thing that gets me is that they know they owe it to me and are now changing the rules. When I went in to get my final paycheck I was told I could not come in for my second weeks vacation pay because I quit, so right there means they know they owe it to me, and the employee handbook is all I have to state what the vacation time policy is, when they bought the company it was bought under the conditions to be run the same way and follow the same procedures.Also this office has no where posted the Federal and State law posters as I have read it is mandatory.

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        • #5
          Originally posted by cbg View Post
          How is vacation time accrued at your company? The fact that you have two weeks available for use over the course of the year does not mean that you have accrued both weeks of it on any given date, particularly mid-year.
          Well when I took my first week in June, I specifically asked if both weeks had to be taken at once, I was informed they didn't have to be, so I scheduled the other one for this month(August).
          After 1 year we have 1 weeks vacation and after two years we have two weeks vacation.

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          • #6
            Originally posted by Pattymd View Post
            Boy, that was one LONG sentence. A hearing for what? Did you file with the state DOL for failure to pay the remainder of your earned vacation?

            BTW, the new employer is not required to adhere to the policies of the old one. Employee handbooks are not even required by law.
            Actually in New Hampshire the law states that they have to follow the past procedures.

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            • #7
              That isn't what I asked. Whether or not you have to take it all at once has nothing to do with accrual.

              In many, many, many companies (like 99%) vacation is accrued on a weekly, monthly, or per pay period basis. It is extremely rare for an employer to grant you all of your vacation time in a block, even though they may allow you to take time that hasn't been earned.

              For example, if ten days of vaction are accrued monthly, you get .83 days per month. In August, assuming that they're awarded on the first of the month, you would have accrued 6.67 days. Since you'd already taken 5, the maximum you'd be owed would be 1.67 days (unless you'd already taken time not mentioned here.) If the days are not awarded till the end of the month, in August you'd be owed 5.83 days - or less than a day would be owed to you.
              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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              • #8
                Originally posted by spunky7239 View Post
                Actually in New Hampshire the law states that they have to follow the past procedures.
                I don't see that in the law (http://www.gencourt.state.nh.us/rsa/...275/275-49.htm), but it is, sort of, in an administrative rule (http://www.gencourt.state.nh.us/rules/lab800.html), so the comment is valid. The employer cannot change policies and practices without prior notification.

                (b) Every employer shall provide his/her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employees expenses, pension and all other fringe benefits per RSA 275:49.

                (c) Pursuant to RSA 275:49, every employer shall inform his/her employees in writing of any change to such employees rate of pay, salary or employment practices or policies as referred to in Lab 803.04(a) and (b) prior to the effective date of such change.

                (d) Pursuant to RSA 275:49, any vacation pay, holiday pay, sick pay, bonus pay, personal days pay, employee expenses, and all other fringe benefits earned, accrued, or vested prior to any change shall not lapse due to the change.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  Thank you for the great information....

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                  • #10
                    Originally posted by ScottB View Post
                    I don't see that in the law (http://www.gencourt.state.nh.us/rsa/...275/275-49.htm), but it is, sort of, in an administrative rule (http://www.gencourt.state.nh.us/rules/lab800.html), so the comment is valid. The employer cannot change policies and practices without prior notification.

                    (b) Every employer shall provide his/her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employees expenses, pension and all other fringe benefits per RSA 275:49.

                    (c) Pursuant to RSA 275:49, every employer shall inform his/her employees in writing of any change to such employees rate of pay, salary or employment practices or policies as referred to in Lab 803.04(a) and (b) prior to the effective date of such change.

                    (d) Pursuant to RSA 275:49, any vacation pay, holiday pay, sick pay, bonus pay, personal days pay, employee expenses, and all other fringe benefits earned, accrued, or vested prior to any change shall not lapse due to the change.

                    This is very helpful advice, thank you

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