Assigning Vacation

[hellinindy]

What is the name of your state?In

I work for a small eye Doctor's office. I now have earned a weeks vacation (yeah!!). This week the office manager and doctor told us we would be closed the week of Christmas. She said we would all need to use any vacation time or have the time unpaid. I am salary, but she still requires us to clock in and out everyday to track our hours.

Can and employeer give you the vacation, then assign when you are to use it? If you are salary can they legally close the office for a week and not pay you? Thank you for your time and reponses!

 

[cbg]

Yes, they can assign when you take vacation. They don't HAVE to offer vacation at all; they get to make the rules about when you can use it.

Salaried is only a pay method and has no force in law. What matters is whether you are exempt or non-exempt. Either can be paid on a salaried basis, although a non-exempt employee still has to be paid overtime for any hours over 40 in a week.

Contrary to what a great many people believe, there is nothing illegal about an exempt employee clocking in and out or tracking hours, and there are sometimes quite legitimate reasons for them to do so. It would only be an issue if your pay was affected by it. If you are non-exempt but still paid via salary, they are required by law to keep track of your hours.

For an exempt employee, if THEY choose to close the office you still have to be paid; however, there is nothing illegal about requiring that it be paid vacation. For non-exempt employees who are paid on a salaried basis, they do not need to be paid when they do not work, regardless of whether the employer chose to close for the week or not.

 

[hellinindy]

Thanks you for your reponse and insite. I really appreciate your time.

 

[hellinindy]

What does exempt verses non-exempt mean?

If a person is salary they divide my $20,000 income by 52 weeks and pay me weekly. So, technically if they close and we don't get paid or have any vacation left they are allowed to pay less then the agreed salary?

 

[cbg]

Exempt and non-exempt refer to your job duties. It has nothing to do with how your salary is determined.

If you are non-exempt they do not have to pay you when you don't work, no matter what the reason.

 

[pattytx]

And if your salary equivalent is only $20K, you would not qualify (with very few exceptions) as an exempt employee anyway. The federal minimum salary for exempt is $455 per week or $23,660 per year).