Vacation Problems

[lana211]

What is the name of your state?What is the name of your state? Maryland

I am leaving a company voluntarily and I believe that I am owed 1 week of vacation. They say I get 9 hours. Tell me how you interpret it, please. This is what the employee handbook says:

BEGIN QUOTE FROM HANDBOOK

The vacation year is Jan 1 thru Dec 31. On Jan 1 each associate is "advanced" vacation time according to the contemplated length of service he/she will complete as of the associate's anniversary date during that same calendar year assuming continued employment through such anniversary.

Generally an associate whose employment terminates will be paid for unused vacation. "Unused vacation" refers to the amount of vacation earned (prorated to termination date) less any vacation taken.

New associates hired after June 30 will be given credit for two weeks of vacation on Jan 1 following the date of hire. This vacation is available for use on the latter of:

--Jan 1, following the employment date, or
--After six months of continuous eligible service
END OF QUOTE FROM HANDBOOK

To me, the handbook is poorly written but anyway...Here's some other info you need to know. My hire date was Oct 22, 2003. I am leaving voluntarily. I have not used any vacation to date (nor sick leave or comp days for that matter).

I asked HR about this 9 hours and this is the reply I got:

BEGIN HR QUOTE

Here’s the explanation…

Your hire date was Oct. 22, 2003. You become eligible to earn vacation after 6 months of service or satisfaction of the 6 month probationary period.

Your six month anniversary was April 22, 2004.

You are advanced vacation January 1st or after 6 months of service. You would have two weeks coming if you would have stayed with the company through Dec. 31, 2004.

When you term you are paid for unused vacation which is the amount earned and it is prorated to your term date.

You were eligible to take vacation April. 22-- your last day with COMPANY is to be June 1. The amount you’ve earned would be based on 40 days (Apr 22-June 1), that’s how it was determined that you would have nine hours of vacation available through June 1
END OF HR QUOTE

What do you think? Is it me or are they calculating leave a different way than the Handbook says?

What are my options on taking action?

 

[cbg]

It's you. I agree with the way they are calculating it.

 

[lana211]

vacation problems

cbg - how did you come to that conclusion? did you read a section of the handbook that explains when an associate begins to earn vacation time? if so, please direct me to that part.
also, are you an attorney and if so, what is your area of specialty?

 

[cbg]

I read every word of your post, Lana. I am not an attorney; I am a human resources manager/consultant who has many, many years of writing and adminstrating fringe benefit plans, including vacation, in many states including yours.

The handbook makes it very clear that you are ELIGIBLE TO USE vacation after (in your case) six months of service. Since you did not begin work until October, you do not become eligible to use any vacation until April. You do not begin accruing vacation until that time.

The handbook also clearly states that time paid out upon termination will be prorated. This means that you have only the time accrued between April 22 and June 1 available to be paid out. They did not GIVE YOU vacation on April 22; they ADVANCED YOU time on that date. There's a difference. Advanced implies that they will allow you to use it, but you do not actually own it until you've earned it.

Many, many companies allow you to "borrow" time that has not actually been earned, but you need to "pay it back" if you haven't earned it by the time you leave. It's no different than if they "advanced" you part of your salary, but you hadn't yet earned it when you left the company. Their use of the word, advanced, indicates that they are one such company.

I didn't stop to do the math, but I know from long experience that two weeks of vacation comes to slightly less than one day a month when accrued over one year. You will be earning slightly more than that since it will be April 22 through June 1 - slightly more than one day (9 hours) seems about right to me. I'll do the math if you insist but I can't imagine I'll get a different answer; if I do, it will be de minimus (not enough of a difference to matter).

 

[lana211]

cbg -

Okay, thank you for your replies. I appreciate that. Allow me to respond:

The handbook makes it very clear that you are ELIGIBLE TO USE vacation after (in your case) six months of service.

Actually, the handbook says "This vacation is available for use on..."

You are translating that to mean that is when I BEGIN ACCRUING the vacation. Are you saying that "begin accruing" is equal in meaning to "available for use"??

The handbook also clearly states that time paid out upon termination will be prorated.

I understand what it means to have prorated vacation time. I understood the handbook to mean that since I was earning/accruing vacation during my probationary period - but couldn't use it until the end of that period - that the prorate would go from the date I began earning/accruing thru the termination date - which would give me about 1 week vacation.

I didn't stop to do the math, but I know from long experience that two weeks of vacation comes to slightly less than one day a month when accrued over one year.

Exactly, so I should get everything I have earned since I began earning it (Jan 1).

And, I was not questioning you. I respect your viewpoint and your interpretation though you are not an attorney. My mother retired as a VP of HR for a major non-profit. I respect the profession and the HR function. FYI.

 

[cbg]

Lana, everything in my experience leads me to interpret the handbook in the same way as your HR department. I'm sorry, but I simply do not agree with your interpretation.

Nothing in the way the handbook is written validates your believe that you began earning vacation on January 1. You are free to ask your state department of labor for their interpretation.

I didn't think you were questioning me. You asked for my qualifications and I gave them to you.

 

[lana211]

Thank you for your input. I will ask.