Vanishing vacation and sick days

[podex_equus]

What is the name of your state (only U.S. law)? Texas

This is complicated, but I'll try.

According to company policy, I am to receive 80 hours vacation and 40 hours sick pay per year. According to my pay stubs, I have only received payment for 32 hours vacation and 8 hours sick pay so far. My supervisor is telling me that, according to his paperwork, I have no more vacation or sick time for the year. His reasoning is that he has been paying my vacation and sick time as regular pay and not as vacation and sick pay so it does not appear on my pay stub. If this is true, the remaining 80 hrs combined vacation sick time would have been taken prior to April, as clock in/outs weren't recorded January through March, so it is his word against mine. Human Resources is just going along with what my supervisor says without looking at any evidence.

Is there anywhere I can go to receive the missing pay? If this turns to a legal issue, will I be protected from retaliation?

[cbg]

No and no.

Without some hard and fast evidence that you DID NOT TAKE the time, you're right; it's his word against yours. In any case, under no law, either Federal or state, are you guaranteed to receive payout of all vacation and sick time.

In Texas, vacation and sick time are not protected benefits. It will not become a legal issue and it wouldn't be one protected from retaliation if it did. The Feds have absolutely no interest in what happens to vacation or sick time and have gone on record saying so. Texas is at best a follow your policy state, but you'd need more evidence than you have that a written policy was violated before the TWC will take action.

[podex_equus]

That's a bummer. I'll use this experience as a kick in the tail to find a better job.


Thanks for the help