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Employer never informed me i could receive paid vacation time. Michigan

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  • Employer never informed me i could receive paid vacation time. Michigan

    I currently work at a small deli thats owned by a guy who also owns two other delis/bagel shops. I've been employed there for 9.5 years with a 6 month break in which i quite and was asked back. Since there isn't any sort of employee hand book or even any employee guidelines or rules for that matter i never thought to ask about paid vacations. I assumed it was something you only received at big business or chains. So i recently found out we get paid vacations. The bagel makers in the back of the store receive greater pay and four weeks paid vacation a year. (I was quite shocked considering how difficult it is to just get a 25 cent raise there.) I then find out that some of the front counter help (what i do) have also received paid vacation time. (Only one week.)

    Now i'm certain it's not due to hours worked, for six years i worked 35+ hours a week. And it's not based on duration of employment as i've been working there just as long as one of the gentlemen in the back of the store. I recently quite and was hired back (been back 6 months now) but it can't be because of that as one of the females was fired and rehired and was receiving vacation pay (without my knowing back when i was doing the 35+ hours a week.) Then i come to find out the guys in the back get paid if they don't use their "vacation time." (Which was the one thing that pushed me over the edge.) I'm just curious as to what others think of this. My sister's boyfriend said i need to "make waves" over this and ***** to my boss. The hard part is my 'boss' is so far from an actual boss. I know things about his store that he doesn't. He doesn't look me in the eye when we speak, and i think he's intimidated by me. My sister says i'm going to get myself fired over this as i tend to go from calm rational conversation to shouting match within seconds.

    The other problem with this is i spoke to two of my front counter help coworkers and they didn't seem to be at all upset over this, or at least no where near as upset as myself. I think i'm more upset over feeling used, taken advantage of and deceived by my boss. I feel like a fool not only for that but for returning to work there after quitting. I'm fairly calm and rational but when it comes to confrontation i, like i said, go from 0 to 60 in a few seconds. Any advice would be greatly appreciated. I think i should sit on this for a day before i talk to my boss, maybe some outside viewpoints might help me out. I know this is wrong but it's such an odd situation i have no idea if i should be asking for unclaimed vacation time or just asking for this years and then leaving as i don't feel the urge to continue working for someone that would do such a thing.

  • #2
    Das ist in der Doktor!

    Vacation

    In Michigan, employers are not required to provide employees with vacation benefits, either
    paid or unpaid. See Slomka v. Hamtramck Housing Commission, 2006 Mich. App. Lexis
    2013 (2006). If an employer chooses to provide such benefits, it must comply with the
    terms of its established policy or employment contract. Mich.Comp. Laws 408.473; see
    also Briney v. Kelsey-Hayes and Variety Corp., 2001 Mich. App. Lexis (2001).

    An employer may lawfully establish a policy or enter into a contract denying employees
    payment for accrued vacation leave upon separation from employment, so long as the
    employees have signed contracts or written statements agreeing to the policy. See Mich.
    Dept. of Employment, Security & Workplace Safety: Wage & Hour Div: Payment of Fringe
    Benefits at Termination.

    An employer may also lawfully establish a policy or enter into a contract disqualifying
    employees from payment of accrued vacation upon separation from employment if they fail
    to comply with specific requirements, such as giving two weeks notice or being employed
    as of a specific date of the year, so long as employees have signed contracts or written
    statements agreeing to the policy. See Mich. Dept. of Employment, Security & Workplace
    Safety: Wage & Hour Div: Payment of Fringe Benefits at Termination
    .

    An employer is required to pay accrued vacation to an employee upon separation from
    employment if its policy or contract requires it. See Mich. Comp. Laws 408.473.

    An employer is required to pay accrued vacation leave upon separation from employment if
    the employer’s established policy or employment contract is silent on the matter. See Mich.
    Dept. of Employment, Security & Workplace Safety: Wage & Hour Div: Payment of Fringe
    Benefits at Termination
    .

    An employer may cap the amount of vacation leave an employee may accrue over time, so
    long as employees have signed contracts or written statements agreeing to the policy. See
    Mich. Dept. of Employment, Security & Workplace Safety: Wage & Hour Div: Payment of
    Fringe Benefits at Termination
    .

    An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
    leave by a set date or lose it, so long as the employee has agreed to the policy in writing.
    See Mich. Comp. Laws 408473

    Your boss, whom ever it may be has done nothing illegal.
    YOU failed to ask. There is no State law requiring vacation be given in Michigan so your employer doesn't owe you a thing
    You can sit on it for a few days if you wish, however if want to say anything I would say only I want to take a vacation and let it go at that.
    To say anything more and you could find yourself with all kinds of time on your hands.

    ..____________________
    ~ Free advice is like a public defender,
    you get what you pay for. ~ drr

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