Vacation Question

[Vycor]

NY State (Nassau County)

Question thats coming up.

I'm a salary employee. We've had a lot of people come in late so I suggested instead of constantly telling people to do better, to put some kind of "enforcement" in. So we came up with a "late 3 times, lose 1 vacation day" plan.

Now... we have a lot of salary people (we're paid a salary, we don't get overtime, we get benefits when others don't, etc...) who are coming in late. Its now August and people are requesting vacation.

So an employee was presented showing they came in a total of 18 hours of lateness (about 12 minutes late everyday it seems). So their vacation request is under question right now. The employee is looking at having their vacation time taken away.

At the same time, the employee came back showing that they worked 93 hours of "overtime" (basically anything after 5pm, since they don't technically get overtime).

Sooo whats everybody think about this? I had someone say (they manage a big company) that employees shouldnt be penalized for coming in late as they are expected to work late without compensation and it should be a wash, although the employee SHOULDNT be coming in late, expecting vacation time to be deducted over 3 lates is a little much (and they are always under 15 minutes).

Sooo let me know what you guys think?

 

[cbg]

By salaried do you mean exempt? They are not the same thing.

In my state, and in at least one other I can think of, your policy would be illegal.

To be honest, I think it is a very ill-advised policy. What is a person to do if their train breaks down? A tractor-trailer rolls over on the road ahead of them and blocks traffic for several miles? Their babysitter doesn't show up?

While I understand that someone who is 12 minutes late every day is probably just managing their time badly, not everyone who is late can control it.

Three times late in what time frame? If someone had one tardy in 2002, another one in 2007, and then is late tomorrow, are they subject to the policy?

Are you going to likewise penalize the person who comes in early, but cuts out early or who extends their lunch hour?

Do you see some of the issues here?

I think there are better ways of disciplining chronic tardiness than taking vacation time away. And I think the fact that this person may come in late, but also works late, is a valid point that should be taken into consideration. There's valid disciplinary action. There's also pettiness.

 

[Vycor]

Not sure when it comes to salary/excempt... basically we have different people here

Class A: They are hourly. They receive no benefits, they are paid hourly, and anything over 40 hours they get overtime. But they get some vacation (standard holidays and then some extra holidays/sick time)

Class B: They get an annual salary (paid weekly). They get benefits. They get additional vacation time. If they work more then 40 hours, no extra benefits given. If they work under 40 hours, no payments deducted.

The policy states 3 lates within 1 month period, and you lose 1 day of vacation.

 

[cbg]

It is the job duties, not how they are paid, that determines exempt status.

I still don't like your policy. As I said, in at least two states, including mine, it would be illegal. I think there are better ways of managing excessive tardiness than this.

 

[pattytx]

I still don't like your policy. As I said, in at least two states, including mine, it would be illegal. I think there are better ways of managing excessive tardiness than this.

So do I. Write them up and fire them if they don't straighten up.

 

[phase08]

Are you going to likewise penalize the person who comes in early, but cuts out early or who extends their lunch hour?

Do you see some of the issues here?

I think there are better ways of disciplining chronic tardiness than taking vacation time away. And I think the fact that this person may come in late, but also works late, is a valid point that should be taken into consideration. There's valid disciplinary action. There's also pettiness.

Good points. Then there is the person who comes in 10 minutes early, chooses not to take breaks, then wants to leave 20 min. early twice a week for hair and nail appts. I worked in a place that allowed someone to do this for years, and others had to cover her desk.

However, staying late to make up for tardiness is not a solution. Chronic tardiness should not be tolerated, and employees who are on a specific schedule can't just be allowed to fluctuate their hours.