Vacation pay - does it revert back

[TinkerBelleLuvr]

What is the name of your state? Florida

As the payroll person here, I am trying to figure out what to do about vacation pay for the General Manager.
Directly from the handbook:
Vacations:
Full-time employees are eligible for time off with pay based on the following schedule:
1 thru 4 years of service - 2 weeks of vacation time
5 thru 9 years of service - 3 weeks of vacation time
10+ years of service - 4 weeks of vacation time
Vacations will not start accruing until the third month of service each year. You will accrue one day per month from the third month to the twelth month. As of your first year anniversary date, your vacation becomes earned. You may then take your two weeks between your first and second year anniversary date. Going into your fifth and tenth year of service respectively, you will accrue 1.5 days and 2 days respectively. Earned vacation must be taken before your next anniversary date and cannot be carried over.
....
Vacation time will not be paid in lieu of time off. We feel that all employees need the time off for rest and relaxation.
end of quote from handbook.

He has been with the club for 15 plus years. He has been under various contracts from 10/1/1996 thru 9/30/2007. Vacation time was spelled out in the contracts - vacation time ended with the contract. Now, he is with us under NO contract. He took part of the time he was eligible for under the contract. No, he is just an employee. He used 116 hours since 3/25.

Question of the day:
Does he have 44 hours left till 3/24/2008? Or did the clock just reset and he has 160 hours?

 

[moburkes]

I don't really understand this. At the top, you say that you accrue 1 day per month, which is 12 days. But, 2 weeks of vacation is 10 days. 3 weeks is 15 days. That doesn't make sense.

Then you start talking about a club, and a contract. What do you mean when you say that the vacation time ended with the contract? Are you saying that any unused time is forfeited?

 

[TinkerBelleLuvr]

Technically, he is/was eligible for 4 weeks vacation based on the fact that he has been with the club (our employer) since 3/25/1993.

Since 3/25/2007 he was paid for 116 hours vacation. Contract ended 9/30/2007. He left on the table 44 hours (contract says he loses those hours).

Dilemna: He is now just a regular full-time employee. Does the clock restart at 160 hours - or do I say that you have 44 hours left till next March?

 

[moburkes]

Technically, he is/was eligible for 4 weeks vacation based on the fact that he has been with the club (our employer) since 3/25/1993.

Since 3/25/2007 he was paid for 116 hours vacation. Contract ended 9/30/2007. He left on the table 44 hours (contract says he loses those hours).

Dilemna: He is now just a regular full-time employee. Does the clock restart at 160 hours - or do I say that you have 44 hours left till next March?

Okay. Vacation starts accruing in March. In March, he had 160 hours available to use. He used 116 of them, with a balance of 44 left. BUT, he didn't request to use the 44 hours, which, according you the contract, were forfeited on September.

So, technically, as of now, he has no time left. So, he should start accruing time again at 1.67 days/month.

 

[ecmst12]

I don't really understand this. At the top, you say that you accrue 1 day per month, which is 12 days. But, 2 weeks of vacation is 10 days. 3 weeks is 15 days. That doesn't make sense.

One day per month from months 3-12, each year. No vacation earned during months 1 and 2. Hence, 10 days per year.

 

[moburkes]

One day per month from months 3-12, each year. No vacation earned during months 1 and 2. Hence, 10 days per year.

Oh, thanks. I thought it simply meant that the year started in March. Good catch.

Then, I revise my previous answer. He should start, this month, to accumulate time at the rate of 2 days per month.

 

[TinkerBelleLuvr]

This stupid handbook really is terribly written.

I would agree, to a certain point, with you. If his last day would have been 9/30/2007. But, he is still with us; just NOT on a contract. As an employee, since he has worked for over 15 years here, I say that I give him the 44 hours. The GM is the one that asked me about the 160 hours. The department head and I are all salary - along with the GM. I figure we'll make it work. I just don't agree that he has 160 hours to use.

My task, in my spare time, will be to refigure the vacation/sick time accruals to something that is workable. When I throw in the food & beverage folks, who are considered full-time, but don't work 40 hours, my life is a nightmare.

 

[moburkes]

Its okay, to allow him to keep the 44 hours, but I have no idea why the clock started again at the beginning of the month, with 4 more weeks of paid vacation, when he's already used some. You'll have to extend the same courtesy to others in his "class".

 

[TinkerBelleLuvr]

I'm afraid of Pandora's box.

Thanks moburkes - you validated what I thought. I'm gonna stick with the - we've paid you for 116 hours; you have 44 left.

Now, I've been paying any full-time employee who leaves, without having used up their vacation pay, the balance left. The handbook is silent on this issue. I've gone with the words 'earned' - and said -gotta pay 'em.

 

[ecmst12]

Vacation time will not be paid in lieu of time off.

See from that, I would think that vacation would NOT be paid at termination. But I can see that might not be the INTENTION of the clause. It's Florida, you can pretty much do what you want, but I doubt anyone ever got taken to court for PAYING vacation at termination

 

[cbg]

FYI, Florida has no law requiring that unused vacation be paid out in the first place. You can do it however you want to do it, or not at all.

 

[TinkerBelleLuvr]

I've based it on the vacation time can be part of the 'I've given notice' ... I would rather give it to 'em than be left to dry with no overlap time on a new hire! Don't want anyone calling in the day of return from vacation to say 'I quit!'

I have definitely found Florida is really Pro-Employer!