Can they dock my earned vacation?

[misskandee]

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

I work for an organization that cares for mentally and physically challenged individuals. I worked 64 hours a week, Friday evening through Monday morning (overnight-whole weekend-stays) at a group home until my doctor placed me on restrictions, due to a high risk pregnancy. I had accrued nearly 120 hours of vacation in that 64 hour per week position, but, when I was temporarily placed in a 40 hour per week position at the office, my vacation was reduced. My immediate supervisor told me that it just "wouldn't be fair" for me to have that much vacation time in the position that I am currently in. Can they really take my earned vacation away from me?? I earned the 100-some-odd hours in the job that I was doing, and was saving them because this employer does not offer paid maternity leave. As of right now, they reduced my vacation time down to 45 hours. I was told that I can take 12 weeks off UNPAID...but that is not an option for me. I would really like to know if this policy is right...because it does not seem just.What is the name of your state (only U.S. law)?

 

[pattytx]

In my recollection, there is no law in Nebraska that prohibits the employer from reducing vacation already earned. You can contact the state DOL to confirm.

 

[misskandee]

Talked to Nebraska DOL....their policy is in violation of the NE Wage Payment & Collection Act. They can't take my vacation away.

 

[xylene]

Just so you understand - they can't take your 'banked' vacation you earned away.

They CAN - reduce your rate at which you earn vacation on new pay periods. Even down to zero.

They can - dictate when and how you may use vacation time.