Sick Days and Vacations

[Hanka]

What is the name of your state? NY

Hello,

I would like to know, what does the law say about number of sick days and vacations. I began my employment in June 2005 in a small firm. They told me that first year I am not eligible for any vacation. After first year I will get two weeks of vacation. Is this correct and legal? Do I have right for any personal days or sick days?

Also, is there any rule about working overtimes? Even though I work lots of overtimes, they are never payed.

I would appreciate your advise.

Thank you,
Hana

 

[mlane58]

Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for time not actually worked - is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Any hours worked over 40 hours is paid at time and half

 

[Neal1421]

Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for time not actually worked - is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Any hours worked over 40 hours is paid at time and half

Salaried employees are not always paid time and a half for overtime.

OP-are you a salary employee?

 

[cbg]

No state requires private employers to provide vacation, sick, or other paid time off regardless of whether the employee is exempt or non-exempt. It is entirely up to the employer whether to offer any, if so how much, and if so when.

Whether overtime is due depends on whether the employee is exempt or non-exempt.

 

[mlane58]

Salaried employees are not always paid time and a half for overtime.

OP-are you a salary employee?

DUH! Neal1421

 

[Hanka]

Yes I am a salary employee. Does this mean that I am supposed to work as a slave as long as my boss needs me or do I have any rights?

I come from Czech Republic, where there is a law, that every employee is eligible for 20 days of vacation a week and if you don't take any vacation during a year, the employer must force you to go on vacation...

 

[mlane58]

Yes I am a salary employee. Does this mean that I am supposed to work as a slave as long as my boss needs me or do I have any rights?

The question thats needs to be answered is: Are you exempt or a non-exempt employee? Just being a salaried employee could still mean you are a non-exempt employee.

 

[cbg]

We need to know what your job duties are. The fact that you are paid on salary does not tell us whether or not you are entitled to overtime or not.

The US does not have any such law regarding vacation.

 

[Hanka]

The question thats needs to be answered is: Are you exempt or a non-exempt employee? Just being a salaried employee could still mean you are a non-exempt employee.

I am sorry, but I don't know what exempt and what non-exempt employee means. Can you please explain? I do not have any contract with this company.

Thanks.

 

[cbg]

I told you what we need to know to tell if you are exempt or non-exempt. We need to know what your job duties are.

BTW, are you here on a visa?

 

[Hanka]

I told you what we need to know to tell if you are exempt or non-exempt. We need to know what your job duties are.

BTW, are you here on a visa?

I don't know what means exempt and non-exempt. I work as import/export coordinator, I do everything that has to be done, because we are only small company (three employees = slaves, actualy my situation is best from all of us). I do comunicate with factories in China, with customers all over the world, prepare invoices and packing lists, prepare docs for banks, comunicate with banks about payments, chase payments from customers, pick the phones, ... and millions of other things.

I have green card.

 

[cbg]

I understand that you don't know what exempt and non-exempt mean. That's why we're trying to get you to tell us how we can determine for you which you are.

What KIND of millions of other things?

 

[Hanka]

I understand that you don't know what exempt and non-exempt mean. That's why we're trying to get you to tell us how we can determine for you which you are.

What KIND of millions of other things?

OK, let's say that the list that I wrote in the previous post is complete. Does this help you determine if I am exempt or non-exempt or do you need to know anything else?

Thanks.

 

[mb94]

Do you make more or less then 23,660 dollars a year?
Is most of your work directly related to management or general business opperations?
In important matters are you given the ability to use your independant judgement when making a decision?

 

[Hanka]

Do you make more or less then 23,660 dollars a year?
Is most of your work directly related to management or general business opperations?
In important matters are you given the ability to use your independant judgement when making a decision?

Yes I make more than $23,660 a year.

Yes, my work is mostly related to management or general business operations.

No, I cannot do independent decision.