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Employee handbook vague about unused vacation days

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  • Beth3
    replied
    How many actual DAYS of vacation are provided each year? 10, presumably with the exception of the first year of employment in which vacation will be pro-rated from the date of hire.

    - If an employee has unused vacation days how is the amount of days due to be paid determined? Ya got me.

    If an employee started in December 2004 and left at the end of September 2005, how would the determination be made? My best guess is 9/12ths of two weeks of vacation.

    - Would this section even hold up in court or is it too vague? I have no idea but I seriously doubt a battle over two weeks of pay or less is ever going to land in court. FYI, in NY, unused vacation must only be paid out upon terimination unless your employer has a written policy to the contrary.

    Also, does it matter that fringe benefits such as vacation are not distributed equitably among all employees in the company? For example, an employee (who is the mother of another employee) was allowed to take off for months without going on the family leave required in the employee handbook. She was also paid when "working from home" (she wasn't really working). It's a known fact she abuses the system and is allowed to get away with it. If fringe benefits for all employees are made available and then the rules are not applied failry amongst all employees, is there a legal cause of action here? As long as decisions for special treatment aren't based on race, gender, national origin, etc., then nothing unlawful has taken place. There are no laws that require employers to treat all employees the same and while I don't know anything about the situation you describe, there can be very valid business and compassionate reasons to occasionally provide an employee with a generous arrangement for a period of time.

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  • MJD1123
    started a topic Employee handbook vague about unused vacation days

    Employee handbook vague about unused vacation days

    (New York)

    I am leaving my job soon for another opportunity. There is a section in our employee handbook to me that is not very clear. I'd like to get an opinion from some others on how the following section would be interpreted.

    "Employees enjoy a minimum of 2 weeks paid time off per year, pro-rated from the date-of-hire to December 31st. Please inform your Team Leader when you are taking days off. Vacation days not taken during a calendar year cannot be carried forward to the following year."

    My questions are:

    Based on what you just read:

    - How many actual DAYS of vacation are provided each year?
    - If an employee has unused vacation days how is the amount of days due to be paid determined? If an employee started in December 2004 and left at the end of September 2005, how would the determination be made?
    - Would this section even hold up in court or is it too vague?

    Also, does it matter that fringe benefits such as vacation are not distributed equitably among all employees in the company? For example, an employee (who is the mother of another employee) was allowed to take off for months without going on the family leave required in the employee handbook. She was also paid when "working from home" (she wasn't really working). It's a known fact she abuses the system and is allowed to get away with it. If fringe benefits for all employees are made available and then the rules are not applied failry amongst all employees, is there a legal cause of action here?

    Thanks in advance.
    Last edited by MJD1123; 09-22-2005, 04:38 AM.
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