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holidays & vacation

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At my husband's job, he is allowed one week vacation (which he is eligible to take)after a year of employment), but he is only being given one month in which to take it (from November 15 to December 15). He chose to take his vacation during the week of Thanksgiving, but then was told that he would lose his Thanksgiving holidays (all employees get Thanksgiving day and the day after, and if they work those days, they get to take 2 days later on), if he didn't work either the day before or the day after the holiday. Can they do this? It means he will be working 2 more days than anyone else that is employed there.



Laura: The answer to your husband's dilemma depends on the terms of his employer's policies and procedures manual. He has a right to review this PPM if he does not already have a copy of it. In general an employer is free to set the terms of holidays and vacations (when earned, lost, when they can be exercised). However, they do not have a right to penalize an employee for taking an earned holiday or vacation. Such action seems to be more of a contract violation rather than discrimination on a protected basis. However, you should consult a labor lawyer in your area immediately for further information. You can find one at this web site.

Mark B. Replogle

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