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A.J.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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If an employee works out of the country for a month is the

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If an employee works out of the country for a month is the employer required to give time off with pay when back in the states?

SavyLawyer :

Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional and I look forward to answering your question this afternoon.

SavyLawyer :

In order to best answer your question I need a little bit more information from you:

SavyLawyer :

(1) The work performed out of the country was for the same employer as in the states?

SavyLawyer :

(2) Is this employee a salaried employee? Did they continue to receive their salary while abroad?

Customer:

Same employer as in the states. Not a salary employee.

SavyLawyer :

Ok, and was the work abroad paid?

Customer:

Please clarify your question. Are you asking if I was paid for my time?

SavyLawyer :

Yes, sorry, I am asking if you were compensated by the employer for the work performed abroad.

Customer:

Yes, I am compensated for work. My concern is that when I return, I asked for comp time to get things done at home that need to be addressed because of time away. I want to know if employer is required by law to give me comp time paid, so I do not have to use up all my vacation time to catch up with personal things.

SavyLawyer :

Ok, thank you for clarifying, that makes a little more sense. Unfortunately, no, there are no laws that an employer allow an employee extra time off (what you are referring to as "Comp" time) to handle personal affairs after returning from assignment abroad. There is no requirement that an employer allow you to make up personal time (such as weekends) that you missed while working for them abroad. If an employee needs time to catch up on personal matters, the employer would be within their rights to require that vacation time be used. Now, your employer may be more reasonable about the situation and allow extra paid time off, but they are not required to.

SavyLawyer :

Really the only requirements that an employer has in such a situation is that they compensate the employee for all time worked and, where the employee is not salaried, compensate the employee for any time worked over 40 hours. Otherwise, a company is not required to pay or provide "comp" time.

SavyLawyer :

So long as the employer is compensating an employee for all time worked (and paying overtime when that time goes over 40 hours), they do not have to make any special dispensation for an employee who was sent to do work abroad for a month.

Customer:

I was hoping to get a better answer on my behalf! I know it's not your fault. I appreciate your time. Have a good day!

SavyLawyer :

I wish that I had better news for you, and I appreciate the opportunity to answer your question. Have a great day, and please remember to RATE my answer so that I can receive credit for my work.

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