vacation pay

[robinbla]

What is the name of your state (only U.S. law)? California. I was lucky enough to get a raise but the boss said that he was going to pay out all my accrued vacation now at my old rate so he didn't have to pay it on my new rate. Not so upset over the money but over the loss of actual days for vacation. I also know that all benefits are up to the employer but aare there any laws or guidelines here? Thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? California. I was lucky enough to get a raise but the boss said that he was going to pay out all my accrued vacation now at my old rate so he didn't have to pay it on my new rate. Not so upset over the money but over the loss of actual days for vacation. I also know that all benefits are up to the employer but aare there any laws or guidelines here? Thank you

Aren't you still going to accrue vacation time in the future?

 

[robinbla]

I only get five this year. If he pays out what I have accrued, let's say two days, that leaves me with only three vacation days this year to use. I then accrue ten next year but can't use them until all ten are accrued.

 

[Zigner]

There is nothing illegal about what you boss is doing. Why should you get paid at the new rate for days you accrued at the old rate?

ETA: You're not losing any pay. Maybe you should set the money aside in an account for use when you do take your vacation.

 

[robinbla]

Said I was okay with the money. Not okay with losing the days that I lose with the payout.

 

[Antigone*]

Said I was okay with the money. Not okay with losing the days that I lose with the payout.

Take the pay and ask your boss if you can take the time that was paid out as unpaid later in the year. That might be a solution.

 

[Zigner]

Take the pay and ask your boss if you can take the time that was paid out as unpaid later in the year. That might be a solution.

That is an excellent suggestion, particularly when one considers that the employer is not legally required to allow any time off for vacation.

 

[robinbla]

Thank you all. To Zigner-please read full post before answering. I did state I was okay with the money and that I knew it was up to the employer to make his own rules and nothing was owed to me. I was just asking about getting my five days and if I there were rules on that.

 

[Zigner]

Thank you all. To Zigner-please read full post before answering. I did state I was okay with the money and that I knew it was up to the employer to make his own rules and nothing was owed to me. I was just asking about getting my five days and if I there were rules on that.

I answered your question - both directly and by implication.

 

[cbg]

If I am not mistaken, California is the only state that has laws regarding the rate at which vacation is paid, but I can't recall offhand what they are. I'll check it when I have more time and post it later tonight.

 

[Zigner]

If I am not mistaken, California is the only state that has laws regarding the rate at which vacation is paid, but I can't recall offhand what they are. I'll check it when I have more time and post it later tonight.

In this case, the employer is going to issue payment for the accrued vacation at the current rate of pay and then will give the OP a raise. My understanding is that it needs to be paid at the then-current rate of pay for the employee, which is why the employer is doing it this way.

 

[disneykid52]

Two choices here, Stay or quit,,no??

 

[Antigone*]

Two choices here, Stay or quit,,no??

Where the heck did you get that???? She asked a valid question, and she received valid answers.

 

[OHRoadwarrior]

Thank you all. To Zigner-please read full post before answering. I did state I was okay with the money and that I knew it was up to the employer to make his own rules and nothing was owed to me. I was just asking about getting my five days and if I there were rules on that.

Zig, was in part attempting to explain that tomorrow, the boss can advise everyone no one is ever going to receive a vacation day again at his company. Labor laws in the US do not require paid vacation days. Some states like CA have a few reg's. I humbly suggest you stay on the defense and not play offense here. Let the conversation flow. The forum is self correcting.

 

[cbg]

In this case, the employer is going to issue payment for the accrued vacation at the current rate of pay and then will give the OP a raise. My understanding is that it needs to be paid at the then-current rate of pay for the employee, which is why the employer is doing it this way.

You are correct.