Vacation Time

[reklaw05]

What is the name of your state? Indiana

I recently started with a company and was told by my manager that I would receive 5 vacation days for the first 6 months and 5 vacation days for the 2nd 6 months. If for some reason I were to leave, for example in the first 6 months, I would owe vacation time paid back to the company. I have not left the company. I started Jan 3 and have used 8 vacation days (it is now Sept 18). HR is stating that I will lose 3 of my vacation days next year because I have exceeded my amount of vacation days which were to be earned 5 days at a time only after completion of each 6 months.

My question is, if my manager admits to telling me that I did have this vacation time and could use it, why would I be the one penalized? Is this legal?

 

[moburkes]

Yes, this is legal. At most companies, vacation time is earned. You used 3 of your days before they were earned (Jan 2008). So, you can't then re-use them when January comes around.

 

[reklaw05]

But my manager told me I had this time available and I could use it. How can HR now take it away from me? I am still employeed there and plan to continue my employment. Technically, based on the days my manager said I have, I should be able to use 2 more days until 2008. HR is saying that I have to give back days.

Jan 2007 - June 2007 = 5 days
July 2007 - Dec 2007 = 5 days
I have only used 8 days.

HR is saying that I will be docked 3 days in 2008.

I don't understand how this is right.

 

[moburkes]

Jan 1 to June 30 = 5 days. Used up.
July 1 to Dec 31 = 5 days that you haven't yet earned. Yet you've used 3, that you won't earn until Jan. At that point you'll have 2 left.

What they're telling you is that, when you earn the additional 5 days, you've already used 3 of them.

Technically, your manager isn't responsible for knowing where you stand - you are. He made a mistake.

You're saying that you'll have 2 days left, but you haven't earned them. They won' be earned until the end of the year. You're working off the notion that you earned the first 5 when you started, when you, apparently, didn't earn them until you'd been there 6 months.

edit: That's why, you would owe money back to the company if you had quit before 6 months - because you would have used time that you'd hadn't yet earned.

 

[reklaw05]

Ok, I understand what you are saying and it does make sense. Thanks for the conversation. It kinda sucks rotten eggs, but does make sense.
Thanks again!

 

[Betty]

That's the way most companies do it. You have to work the time before you are entitled to the vacation. You didn't work the 6 add'l. mos. needed to get 5 more days of vacation.