Need HR help ASAP!

[sweet angel]

DBF's company will not pay him for our upcoming vacation. He started 10/8/04 (salary based on 60 hours/week). Their policy states:

Vacation
The vacation policy of our Company is designed to provide eligible employees with annual periods of paid time off. We encourage you to take the vacation time to which you are entitled as a way of refreshing yourself with an earned break from the daily routine. The amount of vacation each full-time employee receives is based on the years of service the employee has with the Company. Credit for periods of part-time service will be pro-rated based on a ratio of the base number of scheduled work hours to 40 hours per week.

Years of Service Annual Days Vacation

After 1st year 5 days (40 Hours)

After 3rd year 10 days (80 Hours)

After 7th year 15 days (120 Hours)

After 15th year 20 days (160 Hours)


Vacation time is based on the calendar year. However, it will be prorated the first, third, seventh and fifteenth years of your employment based on your anniversary date. For instance, if you were to begin employment on July 1 of year 2000, you would be entitled to 2 ½ days or 20 hours of vacation after June 30, 2001. In 2002 you would be entitled to 5 days or 40 hours of vacation. Vacation may be taken in ½ day increments.

You may request time away from work for vacation purposes any time during the year so long as it has been earned and is mutually convenient to you and management. Your request for vacation must be in writing to your supervisor and the Human Resources Manager. The approval of your request is subject to our business requirements and our ability to satisfactorily cover your job responsibilities during your absence. In the event a conflict arises from two or more employees requesting the same vacation dates, management will determine vacation preference based on advance notice given to supervisor, length of service and other relevant circumstances. Unauthorized vacation leave will result in termination of employment.

Here's my problem: He's already completed a full year of service. From my standpoint, he should be entitled to 5 days vacation. However, it appears that they will pro-rate since they go on a calendar year (too bad they don't hire based on a calendar year).

Can someone explain this to me, as it seems that he is essentially working 3 extra months for no good reason but the company is making out.

 

[goofyforlife]

Gee and I thought I was the only one who worked for corporate criminals.

Our company doesn't even give bereavement leave.....(they consider that your time so you better have vacation or personal leave saved up.)

He should get at least 10 hours for the next couple months...(Oct-Dec being a 1/4 yr) Will they let him borrow some time from next year in consideration?

 

[sweet angel]

The way I figured it he should be entitled to 1 day for each 52 days he works. Therefore, if he becomes eligible for a week vacation on 10/08/05, but they pro-rate that...52 days after would be 11/29/05 -- which is 2-1/2 weeks after we come back from vacation.

I really think they are ripping him off -- especially since their vacation time is based on a 40 hour week, but his salary is based on a 60 hour week (he's salaried, thus no overtime).

i really need someone in HR to clear this up, or guide me.

 

[Maleficent13]

Well, IMO only, policy is policy, and the way that one is written, they don't really get one full week until the second calendar year of hire. Kind of sucks. But yeah, the company is clever and they are making out.

Re: the 60 vs 40 hours thing...if he knew this going in and agreed to the terms, then he can't really say anything now. That's why it's so important to make sure you understand the terms and agree with everything before you accept the position.

Sorry he isn't going to get paid...I hope it doesn't affect your vacation.

 

[sweet angel]

I guess it comes down to they can do what they want and everyone just goes along like sheep.

It's not going to effect our vacation -- that's already bought and paid for. I'll just have to tighten the reins a little to make up for that lost cash.

ETA: When he started this job, it was in a different position for which he was WAYYYY overpaid, with the understanding that when he moved up it would be for the same salary. Basically, he started out as an average joe and has moved into management for same salary/benefits.

I've never heard of a company policy like his...where you get a week after a year, but you really don't. It's amazing to me that no one has ever complained about it.

 

[Nebsky]

I work in HR and the way we do it is after that full year is up, he would have to wait until the next calender year until they ahve all the vacation time.

He would be eligible for a prorated amount this year if he worked for us but not the whole week. He would get 3 days for Oct, Nov and Dec since his DOS was before the 15th of the month. Had he been on Oct 16, he would have only received 2 days.

It is the same way on anniversary too. An employee hits his/her 15th anniversary say in May of this year. The employee wouldnt get the fourth week until the following calender year.

Can he maybe "Borrow" Vacation from the next year?

 

[sweet angel]

I see what you're saying, but his policy states first: 1 week after a year, but then goes on to contradict that.

I guess it's all in the wording.

I booked this year's vacation based on him telling me that he'd have a week after a year. He started in October, so I booked for November. If he borrows from next year (assuming they'd even let him), then we'll be short for next November's vacation....no?


I'm so glad I work where I do -- a week after 6 months, 2 weeks after a year. Take what you want to, just don't abuse it.