I recently started working for a company where the handbook is sorely out dated. As a matter of fact, we stopped handing it out until a revision could be made. In years passed, in speaking with the employees who have been here 12+ years and the manager, vacation time has always been a use it or lose it type situation. There has never been a time where time not taken was paid at the end of the year.
This year, because our business was booming and we needed to get more product out, we elected to provide employees on a one time, non-precedent setting, vacation buy back. The forms were due the end of November IF an employee wanted to buy back some of their vacation days. If a form was not received, the office was under the impression the employee would still request the vacation time for use.
I have an employee who has been with us for a little over one year and was eligible for vacation time. She inquired just now now where the pay for her vacation time is and why didn't she receive it? I explained in years passed it was a use or lose, always has been and this year IF you wanted to buy back needed to fill out the form by XX date. She then references a place in the handbook about scheduling vacation. Stating if an employee does not schedule their own vacation by October 15th, the HR office will do it for them. She feels because she didn't schedule it and we didn't schedule it that we now owe her.
1st - Inquiring with long term employees - this has not occurred in the past. HR has not scheduled their time for them after 10/15.
2nd - while the handbook does not indicate it is a use it or lose it, this has been past practice for many years.
3rd - if we offered the vacation buyback with notice and forms, shouldn't the employee now be responsible for not requesting said time as the form indicated?
She has threatened to call the DOL (however, I have tried looking through there and have not seen anything that looks as though we are required to payout vacation time at the end of the year.) State? Still didn't see anything. Now I wonder how many others did not do as the forms requested and are part of this group.
In the new handbook I'll make sure it is clear, but for now - help?!?
This year, because our business was booming and we needed to get more product out, we elected to provide employees on a one time, non-precedent setting, vacation buy back. The forms were due the end of November IF an employee wanted to buy back some of their vacation days. If a form was not received, the office was under the impression the employee would still request the vacation time for use.
I have an employee who has been with us for a little over one year and was eligible for vacation time. She inquired just now now where the pay for her vacation time is and why didn't she receive it? I explained in years passed it was a use or lose, always has been and this year IF you wanted to buy back needed to fill out the form by XX date. She then references a place in the handbook about scheduling vacation. Stating if an employee does not schedule their own vacation by October 15th, the HR office will do it for them. She feels because she didn't schedule it and we didn't schedule it that we now owe her.
1st - Inquiring with long term employees - this has not occurred in the past. HR has not scheduled their time for them after 10/15.
2nd - while the handbook does not indicate it is a use it or lose it, this has been past practice for many years.
3rd - if we offered the vacation buyback with notice and forms, shouldn't the employee now be responsible for not requesting said time as the form indicated?
She has threatened to call the DOL (however, I have tried looking through there and have not seen anything that looks as though we are required to payout vacation time at the end of the year.) State? Still didn't see anything. Now I wonder how many others did not do as the forms requested and are part of this group.
In the new handbook I'll make sure it is clear, but for now - help?!?
Comment