Tag: Workplace

Vacation Pay – Workplace Fairness

Federal law does not require that employers offer vacation time to their employees. Unlike many other countries, though not required by federal law, many employers choose to provide their employees with such benefits to prevent employee burnout and boost employee morale. Depending on the laws in your state regarding vacation pay, and your employer’s internal policy, how employers go about offering vacation time can differ significantly. Paid or unpaid, use it or lose it, and paid time off instead of vacation days, are some examples of different vacation time policies. To learn more about your rights with respect to vacation pay, read below:

1. My company has no paid vacation leave. Aren’t they legally required to give me some time off for vacation?
2. My company has a “use it or lose it” policy, which requires me to take my vacation days or lose them entirely. Why can’t I bank them for a longer vacation next year?
3. My company’s vacation policy is a joke. While we’re told that we have vacation time, we’re never allowed to take it when we want to, so none of us ever get to use the time to which we’re entitled. What can we do?
4. My company doesn’t have vacation leave but has a “Paid Time Off” (PTO) system. How is that different from vacation leave?
5. I have accrued vacation time that I will not use before leaving my company. Is the company required to pay me for that time?
6. My employer refuses to pay me for my accrued vacation time. What can I do?
7. My workplace is closed due to the weather conditions (as are all government offices and schools in the area). Can I be forced to use my vacation time to get paid for that day off?
8. Who enforces the law?
9. What are the remedies available to me?
10. How can I file a complaint / how long do I have to file?

1. My company has no paid vacation leave. Aren’t they legally required to give me some time off for vacation?

Unless you are covered by a collective bargaining agreement or employment contract that requires you to be given vacation time, the law does not require employers to give their employees any vacation time off, paid or unpaid. Most employers (over 75%) choose to do so, to prevent employee burnout and maintain employee morale, but it is not legally required. In that respect, the United States is behind many other countries around the world, where vacation time may total four to six weeks a year or more.

The federal law applying to wage payments, the Fair Labor Standards Act (FLSA), does not require vacation leave at all. While a number of states have laws that require employers to pay their employees any vacation time they have accrued, those laws do not require employers to give their employees any vacation time at all.

Even if your company offers vacation time to some of

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