pay vacation benefit Alabama

[NAIMINC]

There are wording on our company book for our vacation policy:

“Full-time employees are eligible to accrue vacation for each year after 12-month service… (5 days pay vacations)………….If you are on an approved leave of absence for less than 30 days your vacation eligibility will not be affected……………..”

I started working there on 9/1/04 and after one full year, I use my 5-day vacation on Oct 2005. During 9/1/04-9/1/05, I also have used 8 hours sick hours (company give us 4 hours sick time per month, no other personal day off or PTO). I want to use my vacation on Labor Day weekend. My boss told me that I did not “work” full year because I took 5-day vacation plus total 1 sick day off during the year. I have to “work” to 9/12/06 to earn my second year vacation. Generally speaking is that as long as you take time off, your “anniversary day” will be postponed.

I was thinking only 6 days late and I can re-arrange my vacation time. No big deal! However, during the conversation with my boss, he “blamed” me arguing with him this tiny issue. He is the owner and he is generous to give employees those benefits.

Is it right? I think “pay vacation and sick time” should be included to calculate so call the 12-month period.
Is there anything I can reason to my boss?

[Pattymd]

Such a provision that your anniversary date is extended by any time taken off is not illegal, but in my (ahem) 28 years in payroll and HR, I've NEVER heard of an employer having such a policy. It doesn't sound like your employer is open to changing that.

Irrespective of that, however, your employer certainly has the legal right to deny your vacation request for Labor Day weekend or any other time. Not everyone can take days off at once.

[cbg]

Nope, sorry. He's the boss and he gets to decide how sick and vacation time is handled. He's not obligated to give you either under the law; it's his decision whether to give you any, how much, how it accrues and how and when it can be used.

[NAIMINC]

Well, your answers are what I am afraid of...... Like you said.........he is the boss.

Anyway, thank you for your help!