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Forced Use of Annual Leave / New Hampshire

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  • Forced Use of Annual Leave / New Hampshire

    My wife has run into a problem with her company and we need some help. A typical employee in her company works an 8 to 5 day monday through friday. Each day there is a one hour unpaid lunch. Because of my wife's position she often starts her work day at 7:30 and leaves at 4:30. This change to her hours is done through her immediate supervisor.

    The day in question my wife had a doctor's appointment at 3:30 in the afternoon. She was going to use 2 hours of annual leave as that day she started at 7:30 and not the usual 8. Due to her position in the company she was unable to take a lunch break because of a monitor going through company records that day. She had to stay with the monitor. The monitor did not finish until 3. At this point my wife did not take a lunch as she was leaving in 30 minutes. Her employer made no attempt to provide coverage for her while the monitor was there.

    The real issue arose when her pay check came. Her company took 2.5 hours annual leave from her that day plus paid her for the seven hours she worked on the clock. She questioned it saying she should only have to use one hour. She was told that her normal work day went to 5 and under company policy they had to make her hours for that day equal to a 5pm work day.

    Also on her check this should have caused 1.5 overtime pay but due to it happening during a paid holiday her employer did not pay any overtime.

    Does this sound right? Can an employer do that? I hope I explained this well. Please advise . thanks

  • #2
    Neither time for annual leave nor time for a paid holiday counts towards overtime.
    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


    • #3
      There might be some issue as to pay IF required to work thru a one hour off lunch.

      Some fuss is sometimes not worth raising ..pick ones issues with care.

      If the 7:30 to 4:30 UNoffical times are generally more satisfactory to your wife, I'd lease it alone lest the answer become 8 -5 ?

      Comment


      • #4
        It is not a violation of state law and it certainly isn't a violation of federal. While state law does provide for a half hour unpaid lunch, it also has a built in "escape clause" should that not be feasible. She got paid for all the hours she worked which is what is required. Neither the state nor federal law cares about the docking of a PTO bank in this case. Hours worked does not have to offset PTO usage. As cbg said, OT is only required for hours worked, not hours charged or hours paid.
        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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        • #5
          7:30 to 3:30 is 8 hours? And NH requires pay for break of 1/2 hr after 5 if required to be there..which apparently was the one day case? Somewhere does one get 7.

          How does one get 2.5 hours of leave consumed to leave 1.5 hours early?

          I'm not sure the fuss is worth it..but I do see some loose ends.

          Comment


          • #6
            Because neither the state nor feds care if hour 7-8 is paid out of PTO funds or "hours worked" funds. They just care that the time was paid. Period. How it gets budgeted internal to the company is beyond the care of either state or federal. While lunch must be provided, the very letter of the law allows for this to be "missed" when not feasible so long as it is paid. It was not feasible this one day and it was paid. They met the very letter of the law. While some employers will offset PTO with hours worked, it is not required and it is fairly common to disallow the practice to avoid employees essentially creating their own schedules.
            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.

            Comment


            • #7
              I may have misread post to read she got paid just 7.....so long as she got paid the 8 I stand corrected , she got paid.

              I think it is a bit of dirty pool to charge time worked against ones PTO ....but no law against same most places.

              Comment

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