Full-time, Non-exempt, Service Contract Act (SCA) Employee in AZ by a VA Department of Defense (DOD) contractor.
From the abundance of research I've done, I still seek a definitive answer. If I were an employee in CA, I would have my answer and it would be in my favor.
Nutshell background: The contract under which I am employed is changing contractors 1 June. My 10-year anniversary date is 26 June. I am not quitting nor being terminated so shouldn't I receive at least a pro-rated payout (based on 335 days worked) of my vacation? The new contractor will calculate and award vacation on an accrual basis.
My outgoing company indicates that its vacation policy is based on Department of Labor (DOL) requirements. "Leave benefits for SCA employees are awarded, not accrued, on contract anniversary dates in accordance with (IAW) DOL requirements." I've read CFR 29 (§4) and did not see any such requirement, nor law that they cannot or should not pay me for my 335 days of working towards my vacation. Please note that when I came on with this contractor in Oct (years ago) that I had to wait until my anniversary date (8 months)with no vacationto be "awarded" my vacation benefits, which were prorated for the 8 months I worked, rather than the full year's "award. This shows that we accrue vacation according to our time worked, but only receive it in a lump sum. Last June 26th, I received my 120 hours, of which I have 3 left. I cannot stay on the with my outgoing contractor until my anniversary date.
Arizona laws do not touch vacation, which leaves me with federal laws, yet I cannot find anything that protects me from losing out or states that the outgoing company can withhold. It seems either in the beginning or the end, I've been screwed.
P.S. I do not know what the contract stipulates, nor if there is/was a Collective Bargaining Agreement (CBA).
The SCA wage determination applicable to me states the following: VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
From the abundance of research I've done, I still seek a definitive answer. If I were an employee in CA, I would have my answer and it would be in my favor.
Nutshell background: The contract under which I am employed is changing contractors 1 June. My 10-year anniversary date is 26 June. I am not quitting nor being terminated so shouldn't I receive at least a pro-rated payout (based on 335 days worked) of my vacation? The new contractor will calculate and award vacation on an accrual basis.
My outgoing company indicates that its vacation policy is based on Department of Labor (DOL) requirements. "Leave benefits for SCA employees are awarded, not accrued, on contract anniversary dates in accordance with (IAW) DOL requirements." I've read CFR 29 (§4) and did not see any such requirement, nor law that they cannot or should not pay me for my 335 days of working towards my vacation. Please note that when I came on with this contractor in Oct (years ago) that I had to wait until my anniversary date (8 months)with no vacationto be "awarded" my vacation benefits, which were prorated for the 8 months I worked, rather than the full year's "award. This shows that we accrue vacation according to our time worked, but only receive it in a lump sum. Last June 26th, I received my 120 hours, of which I have 3 left. I cannot stay on the with my outgoing contractor until my anniversary date.
Arizona laws do not touch vacation, which leaves me with federal laws, yet I cannot find anything that protects me from losing out or states that the outgoing company can withhold. It seems either in the beginning or the end, I've been screwed.
P.S. I do not know what the contract stipulates, nor if there is/was a Collective Bargaining Agreement (CBA).
The SCA wage determination applicable to me states the following: VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
