Office vacation policy

[jlewisinsyr]

However, Carlyroach does have a valid point. Just look at how many people are sick from stress because of work. I have 3 sick days a year, I am not allowed overtime...however if someone walks in at 5 to 6 (when I am supposed to clock out) I still have to wait and stay with that customer but clock out. That isn't fair and for my experience (been in the business for the past 15 years) I am very underpaid. Its pretty close to slave labor if you ask me. I don't have a Union and I am an "At Will" employee. It stinks.

Not allowed or ineligible for overtime. If its the former, then if you are still working a company is required to pay you and cannot force you to clock out, that is illegal under state laws (as well as federal). This is not a union issue. Something very similar happened with Staples/Office Max/Office Depot (cannot recall which one) where they would force employees to clock out and then do a sweep of the store and wait for the manager to verify that no one was stealing anything. They were sued and they lost and were required to pay damages to employees for failing to pay them for time worked.

So if you want to keep your job, you have to do what the boss tells you and clock out even when you're still working.

And while you do that, you file a complaint with the DOL and they will conduct an investigation.

 

[Minnie]

And while you do that, you file a complaint with the DOL and they will conduct an investigation.

I think people in this position are most likely stuck between a rock & hard place.... Need the job so they do what's required.

 

[jlewisinsyr]

I think people in this position are most likely stuck between a rock & hard place.... Need the job so they do what's required.

Filing a complaint is annonymous in most cases.

 

[kilee]

Our company has just under a 100 employee's. We have a very generous amount of time off. In your first year you get almost 3.5 weeks. After year 1 you get a little over 5 weeks.

Anyhow, we earn it per pay period. Though any employee is allowed to be up to 40 hrs in the negative at any time.

We take vacation based on your department and having it covered. We have to only request it w/ 24 hrs advance notice.

They are pretty easy going, and do NOT make anyone feel bad about taking their earned time. Which is nice, because the last place I worked, taking time off was like you were asking for their first born. They treated us awful for even taking 1 day off a year of the 3 weeks we earned.

 

[Mickeyistheman]

Yes, it's illegal. But it's still being done all over the place. Even by Walmart. Risk Management experts have confirmed that it's cheaper to pay small slap-on-the-wrist fines years from now IF you get caught than it is to pay overtime that accrues each week.

So if you want to keep your job, you have to do what the boss tells you and clock out even when you're still working.

Sometimes we can do an hour BUT we have to document EVERYTHING and my boss has not time to do that, so that way we all don't get in trouble because a very high up front line sales person clocked in 50 hours one week and made a ton of sales..... Guess what she got let go that next week because she was told NO OVERTIME.

I am not going to complain because well at least this time, it was 45 minutes longer and I made a sale so techincally I was paid not the full amount but I was paid in some form.

I was unemployed for a year and it was horrendous, I would never wish it on my worst enemy so I will do what it takes within reason to make sure I keep my job. That is why I feel there should be more unions because there are so many times when we need one and don't have it. I have been feeling very Norma Rea recently haha.

 

[quentina]

However, Carlyroach does have a valid point. Just look at how many people are sick from stress because of work. I have 3 sick days a year, I am not allowed overtime...however if someone walks in at 5 to 6 (when I am supposed to clock out) I still have to wait and stay with that customer but clock out. That isn't fair and for my experience (been in the business for the past 15 years) I am very underpaid. Its pretty close to slave labor if you ask me. I don't have a Union and I am an "At Will" employee. It stinks.

I also feel that even though the economy being so bad this type of situation with vacation time has been ongoing in this country for a very long time. Right now its just really bad because of the economy. I work for a Vacation Company so I know. Most people are afraid to take too many days off from work. Even people who still make good money. More people do the well if they are going to screw me over then I am going to screw the company over and that is why many companies are not earning to their full potential.

Working off the clock is illegal. Under no circumstance should you clock out and wait on customers. In addition to the legalities of it, there is liability issues also (if you got hurt while working but clocked out).

If you have an HR dept, you need to address this. A good company would ask you to determine how many hours you were owed, pay you and get you to sign a paper stating you were paid in full.

If you don't have a HR dept....you need to look into your state labor offices.

 

[jlewisinsyr]

That is why I feel there should be more unions because there are so many times when we need one and don't have it.

Most Unions lost their value when the Federal and State governments created their own Department of Labors that basically enforces what the Unions demanded. Since that time, Unions have become bloated entites themselves.

 

[eliza61]

I have 3 sick days a year, I am not allowed overtime...however if someone walks in at 5 to 6 (when I am supposed to clock out) I still have to wait and stay with that customer but clock out.

Isn't this illegal? Didn't WalMart get in hot water over this sort of thing?

Oh man, don't even get me started on Walmart. I'm a walmart escapee and believe me, after working part time there, that's exactly what you are. some one mentioned slavery, walmart is by far the largest legitimate plantation. sorry the way they treated the workers at the walmart I worked for was criminal.
I felt so bad for some of the other ladies, I was lucky in that I knew it was only part time until my kids got school age and it seemed that they treated you worse when they knew you needed the job.

 

[mamacatnv]

OP sounds like the owner has an issue with their own policy and should have done something about it before the employee took vacation time.

My salaried employees are granted their PTO ahead of it being earned. The first year is an automatic 10 days when you complete your first 90 days. Those 10 days can be used until the 1 year anniversary date where the employee then gets 15 days per year granted in advance.
(that is it, 15 days for sick/vac combined)

We have a signed document in place that informs the employees that while the PTO is being granted before it is earned, if they leave for any reason including involuntary separation then any PTO that was paid out or used but not yet earned will be deducted from their final pay.

In the event that a salaried employee exhausts all PTO time available prior to their anniversary date and misses additional days, then we dock their pay for the days missed.

My hourly employees get no PTO until their one year anniversary date and can only use what they have earned.

All full day absences (excluding illness) must be pre-approved by dept heads, this applies to all employees.

 

[Minnie]

In the event that a salaried employee exhausts all PTO time available prior to their anniversary date and misses additional days, then we dock their pay for the days missed.

I find this statement interesting... do the salaried employees receive OT for extra time/days worked or are they exempt?

 

[Disney Doll]

OP, it sounds like if the owner was going to have an isse with this use of vacation time, then the owner should have not granted it as he/she did.

Or they should put a policy in place stating that vacation time has to be spread out through the year.

 

[mamacatnv]

I find this statement interesting... do the salaried employees receive OT for extra time/days worked or are they exempt?

They do not receive overtime pay. We are pretty much a 8-5 type organization. I as the accounting/HR manager rack up more OT than anyone but I chose to be hourly from the onset

The salaried employees by law are only docked for full days missed, so the half days, quarter days, go home early, arrive late, long lunches, pick up kids from school, run an errand etc. days are paid in full. The owner of the company used to dock them for missed hours, but I fought with her for 2 years and finally convinced her to put a stop to that since it is against State law.

The owner is a clock watcher and may eventually institute a policy that states if you can't work at least 4 hours then you must take a PTO day. So far she has not done that and so far only 1 of the 9 salaried employees abuse the policy.

State law says if they walk in the door and sign in then they are paid for the day, we cannot dock their PTO time but if they take off more days than they are allowed we can and do dock them for it.

 

[Planogirl]

We have to bid for vacation and seniority takes priority. It used to be a yearly bid but they changed it to once every six months which just means that it's harder to get time off for the newer people. Like myself.

I could not get my usual week off in June. In fact, I couldn't get a week off at any time during the first six months. I responded by taking every Monday off that I could find which actually causes a hardship for them. I have no interest in worrying about their feelings.