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Texas Schedule & Vacation Conflict Texas

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  • Texas Schedule & Vacation Conflict Texas

    A non-exempt employee in Texas was previously working 4-10 Schedule (4-Ten hour days a week). This particular employee worked Monday, Tuesday, Thursday & Friday (not working on Wednesdays). Over the last month work has slowed down so the employee has been working 8 hours a day Mon-Fri, however his official schedule has not changed.

    Here’s the situation: The employee has been working on Wednesdays for the last month, the employee wants to take a vacation day for Wednesday (8 hours). He is being told he cannot take the day as vacation as it is not a normal scheduled workday. He will fall short of his 40 hours if he does not as he did not work on a Wednesday. Is this in violation of any wage law?
    Last edited by JGil; 06-08-2006, 03:08 PM.
    JGil

    Amateurs hope...Professionals make it happen.

  • #2
    No, it does not. The employer has no legal obligation to approve a vacation day at any particular time; nor is there any obligation (short of a bona fide contract that says otherwise) for the employer to guarantee a 40 hour work week.
    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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