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Vacation Time

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cenzo

Member
What is the name of your state? MA

I currently work full time as an hourly paid employee at one location, one year on the job.. My vacation time (one week) is based on the number of hours actually worked per calendar year, i.e. 2080 hours (52weeksX40 hrs/wk. = one paid vacation week).

I am forced to take off two weeks per year for which I am not paid since there is no work for my job title. There is potential for 95% of the workers at my location to work 2080 hours per year but not for the 5% of the workers with my job title. Management tells me I can take my vacation time (which I prefer not to do) or request a position at another location in the area (not a position in my job title) which may or may not be available.

I believe my vacation time should be based on 2000 hours (50 weeks X 40 hrs./wk.) since I am forced to take 2 weeks off with no pay. Can the company base my vacation on 2080 hours when I can not potentially work 2080 hours per year ?

Thank you for your comments.
 


Beth3

Senior Member
a) You're not being forced to take two weeks off work with no pay. They've given you the option of taking your paid vacation during that time or working a different job for those two weeks. Both are perfectly reasonable options, particularly when you consider they don't have to give you any options at all. They could easily insist you take your paid vacation during that time or insist you work any other job of their choosing. Your decision to take the two weeks off without pay is your decision.

b) Since no employer has to provide paid vacation in the first place, they can base the calculation on anything they like.
 

cbg

I'm a Northern Girl
Your employer can base your vacation on any number of hours they want. The law does not require them to provide you with vacation at all - nothing in the law says it has to be based any particular number of hours, or on hours at all.
 

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