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Shorted Vacation Time for Nine Years NY New York New York

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  • Shorted Vacation Time for Nine Years NY New York New York

    I just discovered that I have been shorted 3 days of vacation per year for nine years due to a clerical error in HR. HR will only adjust vacation time that I have accrued since the start of the fiscal year, July 1. Do I have any recourse? HR actually lied to me (in an email) and stated my position had been reclassed, however, I found the HR policy that clears states I was entitled to the time at the start of my employment 9 years ago.

  • #2
    Not unless there is a legally binding and enforceable contract that clearly states how much vacation you are supposed to get. Vacation is not a right or an entitlement under the law and neither the Federal nor the state DOL is at all interested in vacation time.
    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
      How is it you didn't notice for almost a decade that your vacation was not what it should be? I would be very surprised if they did go back 9 years but you can always ask.
      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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      • #4
        Originally posted by ElleMD View Post
        How is it you didn't notice for almost a decade that your vacation was not what it should be? I would be very surprised if they did go back 9 years but you can always ask.
        The salary grade which determines the amount of vacation time is not on any documents I have--doesn't appear on paystubs or other personnel documents in my possession. I could only go by what I was told at the time I became employed, which agreed with what I was accruing.

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        • #5
          You still don't have any legal recourse.

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          • #6
            Are you sure that the formulas haven't changed over 9 years? Because it is possible that the mistake was shorter if they did.

            That said, I do not think they owe anything because what you got was what they told you at the time. It is possible you got a higher pay or other incoming benefit instead of the full accrual each year.

            If they had told you 10 days and only gave5, then that would be an issue. But if they told you 10 and you got 10 and later found out that your pay/title level should have gotten 15, I don't see any recourse except to ask for it going forward.

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            • #7
              Originally posted by hr for me View Post
              Are you sure that the formulas haven't changed over 9 years? Because it is possible that the mistake was shorter if they did. .
              No, the current HR policy about this was in effect at the time I was hired. Thanks for all your comments. They have offered to compensate me for about 6 days as a good-faith gesture.

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