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  • FL-Used Vacation Florida

    What happens in a situation where an employee has used more vacation days than have been accrued and now that employee is resigning?

    Situation:
    -The used vacation days were approved by management
    -The employee has taken 14 days and only accrued 7
    -The employee has turned in a 2 weeks notice
    -The company states that they are owed back those days

    What can that company do legally to "get back" those days if anything?

    The manager has stated the employee should work out 2 weeks for free.

    What should employee do?

  • #2
    Well, for one thing, the employee should stop taking vacation days he has not earned.

    The employer CAN require that this time be paid back. To the best of my knowledge, only California specifically prohibits overages from being withheld. I don't believe the employer can make the employee work for free, but he can pay hours worked at minimum wage with the rest being applied to the vacation overage, and if he wants to, he can sue for the rest.

    So if you are the employee, I'd be looking at making payback arrangements.
    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
      The federal "cannot recovery overpayments if it reduces base pay wages below minimum wage" is FSLA regulation 29 CFR 531.36. There is also a regulation (29 CFR 531.37) which says that recoveries cannot come out of paid overtime. The 531.32 regulation also has some impact on recoveries. I personnally consider these 3 regulations to be very poorly written, but the government unfortunately does that a lot.

      http://www.dol.gov/dol/allcfr/ESA/Ti.../Chapter_V.htm

      http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm

      CA recoveries are certainly problematic, but they are not the only state. For example per the BNA payroll libarary, the following recovery rules exists for Delaware:

      "Employer may not withhold or divert any part of wages unless: (a) he is empowered or required to do so by state or federal law; (b) deductions are for medical care without financial benefit to employer and openly recorded in employer's books; or (c) employee has signed authorization for deductions for lawful purpose benefiting employee. "

      A quick look at a "deductions from wages" chart in the BNA library indicates that there are other states with similar regulations.

      This is just a thought, but perhaps efforts should be directed to make sure that the employee never is paid vacation/PTO that they have not earned. My last two employers had such a rule and had no particular problem with implementing that rule. Both employers simply reviewed timesheets prior to calculating pay checks, and both employers routinely took job actions against employees who failed to submit accurate timesheets in a timely fashion. Both employers used ADP and simply ran a ReportSmith report with the current vacation balance for all employees. Payroll staff compared timesheets to this report to see if the an adequate balance existed to fund the *requested* vacation payment.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        There may be other states with restrictions; that's why I said "to the best of my knowledge". And I did indicate that minimum wage times hours worked still had to be paid.

        But I will lay money that Florida has no laws that make recovery illegal.
        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


        • #5
          Originally posted by cbg
          But I will lay money that Florida has no laws that make recovery illegal.
          No bet. Florida is an "almost like federal rules" state. Other then a higher minimum wage then federal, I can't think of any interesting FL specific rules.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            My point exactly.
            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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