PTO for Vacation Days Worked

[greyhounds]

What is the name of your state (only U.S. law)? Florida
I work in a private school as an exempt salaried employee (accounts payable). We close the school for the 2 week break at the end of the year and 1 week for spring break. This year my employer made changes to our vacation policy and we were told that everyone, including the office staff, aside from the teachers would have to take their vacation during these weeks. I had to work 2 days during my vacation break to process payroll and everything else that's attached to it, I worked two full days. I requested 2 days off for the 2 days worked and was denied because I am an exempt salaried employee. Can my employer do this?

 

[cbg]

Yes. The Federal government has gone on record as saying they don't care two hoots what happens to vacation balances and while a state COULD put laws in place to protect your vacation time, Florida has not done so (with limited exceptions in CA, neither has any other state).

 

[greyhounds]

And if we have a written contract stating my vacation days, she can still do this?

 

[justalayman]

if it is a union contract, you should be dealing with this through your union.

If it is not a union contract and simply an employment contract, it is a matter of contract law and you need to seek an attorney that can read your contract and interpret it and see what should happen.

 

[greyhounds]

No, it's not a union contract. It's just an employment contract that all employees had to sign this school year and I added an addendum to my contract with regards to my vacation and sick days to avoid from this happening. My employer has the tendency to constantly be changing her mind and that's what I wanted to prevent from happening.

 

[ecmst12]

Did they AGREE to this stipulation?

 

[greyhounds]

Yes, it was signed by me and my employer.

 

[justalayman]

then, either sue them for the money value lost or if you have doubts, speak with an attorney to be sure you are in the right.

don't expect your contract to be renewed.

 

[pattytx]

Exempt? Accounts Payable? I don't think so. Do you do anything else? Do you supervise anyone?

 

[greyhounds]

This has been my arguement with my employer for the past year. We are a small private school so we basically do many different things, but my primary duty is accounts payable, payroll and the bank reconcilation. To help save the company money, with the assistance of our accountant, I process all of the federal, state and employee tax forms. I do the data entry for the student database and update it throughout the school year. I do not supervisor anyone or delegate to anyone. And in the summer, since I am Ms. Organized, I help out with the class schedules (this is what she says makes me exempt and the students class list).

 

[pattytx]

"She" is an idiot. Even if you DID have full discretion in establishing class schedules, how often does that happen, 2 or 3 times a year? Sheesh.

When do you plan on filing with either the federal DOL or a small claims action for your unpaid overtime?

 

[greyhounds]

OMG...I was just put on salary and exempt status this school year. Could it be my new job duty, I along with a few other employees that she considers us to be her right hand. She always refers to us as the administrators of the school. Since we work in the office we are to set the standards for all of the employees. We are to make sure that the teachers are following the school rules as it is stipulated in our handbook. We do have an assistant principal for preschool and another assistant for elementary and there is a campus supervisor to deal with the kitchen and maintenance staff. This school year I am also assisting for the first time the accountant with the school budget, but the program that I use (quickbooks) does it all, I just tell it to generate the report. In the previous years I always opted the overtime for comp time. I honestly do prefer a day off especially during the summer months. This is probably why my status was changed.

 

[TinkerBelleLuvr]

Nothing you have stated makes it sound like you are "exempt". If you are exempt, then your salary does not change, even if you work a 6 hour day versus a 10 hour day. That's not to say that they can't "dock" your vacation pay - but ...

You are a glorified data clerk.

 

[greyhounds]

Thanks for all the input

 

[TinkerBelleLuvr]

Read here:

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

I'm not seeing, based on your description, how you would fall under "professional" or "administrative".