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11-12-2008, 06:36 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | Can a company who provides sick and vacation time dictate when you begin to accrue?
What is the name of your state (only U.S. law)? NV
I am the new HR for our company and am trying to get a few things ironed out. Our employee handbook states that we accrue vacation and sick time and discribes the rate of that accrual. I was just informed by our accountant that we are not crediting the employees for any time during their first 90 days. I am wondering if that is legal since we do not state that there is a waiting period in the handbook. I understand that they may not be able to use that time until the end of their probationary period but I tend to think that it should be accruing during that period.
Thank you for your assistance. |
11-12-2008, 08:09 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | There is nothing illegal in 49 out of 50 state in having a waiting period before paid time off begins to accrue. |
11-12-2008, 08:49 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,747
| | I'm gonna take a wild guess that the other one is California  |
11-12-2008, 08:50 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | What was your first clue? 
And I believe that even in CA, the employer has SOME control. |
11-13-2008, 11:33 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | Do we though have to state it in the employee handbook if there is a waiting period? |
11-13-2008, 12:02 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | Should you? Yes.
Are you prohibited by law from doing so unless it is in the handbook? No, you aren't.
If an employee goes to the state DOL with the handbook and says they should have been accruing from day one because it doesn't say there's a waiting period, who will win? Probably the employee.
Are you breaking any laws? No, you're not.
Clear as mud? |
11-13-2008, 03:46 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 4
| | | Thank you all for your help. |
11-14-2008, 07:58 AM
| | Senior Member | | Join Date: Oct 2004 Location: Big City, MD
Posts: 3,821
| | Quote:
Originally Posted by cbg  What was your first clue?
And I believe that even in CA, the employer has SOME control. | Just so ya know--------#1 here:
[url=http://www.dir.ca.gov/dlse/FAQ_Vacation.htm]Division of Labor Standards Enforcement (DLSE)[/url]
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What is the name of your state??????
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