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need answers to some ? Florida

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  • need answers to some ? Florida

    I hae been working at my current job for almost 4 years . Prior to the new owner i was getting a weeks paid vacation after each year and a raise. My new boss bought the place 2 days before i was to earn my vaction time for this year. I need to know does he have to give me that time because that is what the ols owner was doing or do i not get it/ The reason i am asking is because i am getting ready to take my maternity leave and if i can get some of it paid that would be great please help me out .
    Thank you all in advance for any help you are able to give me

  • #2
    Nothing in the law requires the new employer to provide the same benefits as the old employer. Vacation is not considered wages in Florida so it is possible for existing vacation to be lost.

    Does this change apply to all employees?
    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
      he said that now you can only get vacation time if you work an average oif 35 hours weekly per year. but i dont think any of the employees average that weekly all year long?

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      • #4
        My question is, this policy isn't just for you? It applies to all employees? Yes?
        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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        • #5
          yes it does

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          • #6
            Then I'm afraid you're stuck with the new policy.
            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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            • #7
              so i am not intitled to my vacation time that i had earned because he bought it 2 days befor i was allowed to take it

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              • #8
                I wouldn't count on it. There may be some inkling of an "implied contract", but since Florida neither requires employers provide paid vacation nor prohibits losing vacation on the books, it may be an issue of the purchase agreement.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  and what about raises? is there a law stating they have to give you them?

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                  • #10
                    Aside from minimum wage increases passed by the legislature, no, there are no laws that require raises. If and when they are given is the perogative of the employer. Certainly an employee may ask for one if they feel it is warranted, but there is no legal obligation to comply.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                    • #11
                      when i go on maternity leave am i able to collect unemployment?

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                      • #12
                        No. In order to collect UC you must be unemployed, not just on leave and actively willing, able and seeking work.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                        • #13
                          so there is basicly nothing i can do to be able. Except take the maternity leave? How much time is it that you legal get 6 weeks?

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                          • #14
                            If FMLA applies you get 12 weeks total. If not, then you get whatever the employer offers. The number of weeks isn't legally mandated.

                            FMLA applies if there are at least 50 employees within a 75 mile radius, you worked at least 1250 hours in the past year and have been employed there at least 12 months.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                            • #15
                              Six weeks is fairly common when FMLA does not apply.
                              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.

                              Comment

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