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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12202
Experience:  Significant experience in all areas of employment law.
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I am a nurse at a nursing home and we were recently bought

Customer Question

I am a nurse at a nursing home and we were recently bought out as of July 1. They decided to give paid time off' such as vacation, personal time and sick time, on our anniversary date. My anniversary date is May 29. I am told I must wait until NEXT May 29 to qualify for any paid time off. Others have been given time off starting in July of this year!! I have been with the facility for 24+ years. They have told me this is their decision and I just don't like their decision. Is there anything else I can do??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While it is unfair, it is not illegal to implement the policy you describe. It is not illegal because employers are not required to offer any paid time off at all. Since they are not required to offer this job perk, they are free to offer it on any terms they desire, provided those terms do not discriminate on the basis of a legally protected trait, such as race, religion or gender.

Here, it appears they are offering paid time off on the condition it does not accrue until the anniversary of the employee's start date. An employee's start date is not a "legally protected trait" and so that is a lawful basis for determining when PTO accrues. Certainly, the result is unfair in your particular instance and I don't blame you for being frustrated. But the law does not require your employer to be fair, it just prohibits them from implementing policies which discriminating on the basis of legally protected traits.

So, I'm afraid all you can do in this circumstance is attempt to reason with your employer. Beyond this, you would not typically have any recourse.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Was I able to answer your question here? Please let me know if I can provide any further assistance....

Expert:  Patrick, Esq. replied 1 year ago.

Can you please let me know if you are receiving my messages?