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  • vacation time

    I have problem and I need some advice please. There has been a recent policy change at my job regarding my vacation time, and how is can be used. I work in for a large corp. in Minnesota. They have decided that when an employee calls in sick, has an unexcused absence, or if they show up to work and leave early because they are sick, that they are going to take the number of hours missed from the employees vaction time, with out the employees approval.

    My problem with is, I don't know if it is legal. I never signed anything that stated that this was okay with me, and the policy is new. I do not think that it is a company wide policy either, but departmental. And let's say that I have been approved for time off, lets say 3 months from now, and my vacation is already allocated for that, can they then take from that already allocated time? If I were to get sick, could they then take how ever many days from me? Because we have to have vacation time to cover the time that we are off if we are going to be on vacation. We cannot get vacation if we do not have enough vacation time to cover it.

    Also, they are now requiring us to clock in 2 mins before our schedualed shift time. My problem with this is that they don't pay from the minute you clock in. They have some sort of weird way of rounding the amount of time that you were there.

    Any information would be welcomed. Thank you for your time in this matter.
    Brooke

  • #2
    Vacation Time

    The vacation rule is legal because the employer has the authority to set the terms and conditions of employment.

    As far as clocking in early is concerned, it is legal as well, if the employee does not begin work immediately. Employers are required to pay employees for all hours worked. The definition of hours worked does not include the time from which the employee clocks in to the time he/she begins work. Also, the DOL takes the view that a few minutes of rounding is usually considered as DiMinimus.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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