Results 1 to 4 of 4

Thread: Paid non-working days - NY

  1. #1
    Junior Member
    Join Date
    Nov 2016
    Posts
    2

    Default Paid non-working days - NY

    Hello.
    I have a question about paid sick leave/compassionate leave (?) Let me explain my situation. I am working for a union. I started working for them in September 2014. In 2015 they told me that I do not have any rights for vacation days because I did not work for the whole year in 2014.
    This year I got a bonus for not having any sick days for an amount of 3 day salary. Later on I had a dentist visit because of which I got out of work 3h earlier but I worked 3h more the next day. Than I used all 5 vacation days in August and now I wanted to get 3 non-working days to visit my family with my kids on holiday, but they told me that I do will not get any paid non working days because of the 3h less and not having full 8h, I albo will not get the bonus for non-used sick days. I am working really hard for the company and even if they had a hard time, I was the only one who stayed and worked for 3.
    Do I have the rights to get the 3 free paid days? Are they doing the right thing?

  2. #2
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    38,337

    Default

    Barring a situation in which FMLA would be applicable, you do not have a right under the law to take either paid or unpaid days without the approval of 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.

  3. #3
    Junior Member
    Join Date
    Nov 2016
    Posts
    2

    Default

    Thank you for your reply.
    The employer established the rights?
    So in over 2 years there is nothing more than 5 days of paid or even unpaid leave?

  4. #4
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    38,337

    Default

    With limited exceptions for medical situations, that is correct.

    The law doesn't require an employer to provide time off, either paid or unpaid, except for medical situations and not always then. Not just in New Jersey, but anywhere else in the US either. It is completely up to the employer whether to provide paid time off, unpaid time off, or no time off at all. Not unless it's for medical reasons, and as I said, not even always then.

    Now, if your union contract provides you with time off, that's fine, and more power to it. I think everyone works better for the occasional break, and if some enlightened future President ever puts me in charge, you'll see mandatory time off. But right now I am not in charge, and I have not read your union contract to know what is says, and there isn't any requirement that your employer provide you with any non-medical paid or unpaid leave no matter how long you have worked there.

    You'll have to take the matter up with your union.
    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.

Similar Threads

  1. Replies: 2
    Last Post: 01-28-2015, 08:14 PM
  2. dock for working 5 days and being paid for 4 days
    By jqscooby in forum Mississippi Labor Laws
    Replies: 1
    Last Post: 05-05-2011, 08:10 PM
  3. 7 days on 7 days off / work 70hrs paid 80hrs..
    By Thurgood in forum Labor Laws
    Replies: 4
    Last Post: 07-04-2009, 09:10 AM
  4. Replies: 11
    Last Post: 08-11-2008, 10:36 AM
  5. Working 7 Days a Week No days off. Oklahoma
    By alekseyanov in forum Oklahoma Labor Laws
    Replies: 4
    Last Post: 06-11-2007, 06:19 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •