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Related Employment Law Questions
We are a company in Nebraska. We are updating our PTO policy
We are a company in Nebraska. We are updating our PTO policy to say that "PTO is accrued annually, on the employee's anniversary date, based on the number of hours worked and the length of service dur… read more
Law Educator, Esq.
Law Educator, Esq.
130,138 satisfied customers
Can a employer change my hire anniversary day and take away
Can a employer change my hire anniversary day and take away earned vacations and sick day because I'm a salaried employee? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
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I have been employed in the same position as a contractor to
I have been employed in the same position as a contractor to a federal facility for over 10 years. The first contract was awarded in 2007 to Company "A" and was lost to Company "B" in 2016; then, in August of 2017, Company "C" was given the contract.Throughout my employment with Companies "A" and "B," I accrued vacation based on my years of continuous service. If I was an SCA employee at that time, I was unaware of it, but that may be my fault and not theirs, since it didn't seem to affect me one way or another. When Company "B" won the contract, they honored the time served with Company "A" as far as the vacation accrual rate (that is, I was receiving 3 weeks' vacation with Company "A," and Company "B" continued to give me 3 weeks' vacation). For both companies, vacation was provided at X.X hours per pay period on an accrued basis, and was paid out at the end of the contract.Company "C," however, has clearly listed me as an SCA employee (Wage Determination No.: 2015-4603), with the information in my offer letter as follows:"Vacation Leave: 3 weeks vested annually on contract anniversary dateYou will be provided Vacation Leave annually on your anniversary date with the SCA contract, consistent with the amount specified in the SCA contract, based on your years of service on the contract."Company "C" is considering the "contract anniversary date" as the date of employment with Company "C," not as the date of employment when I started working at this job in 2007. Therefore, they are withholding all vacation accrual until August 2018.My question to you is: Since I have been working continuously on the contract since 2007, isn't 2007 my "anniversary" date? Shouldn't I already be "vested" based upon my continuous years of service?I've read CFR 4.173, and it seems clear except for paragraph (a)(4), which states, "Some fringe benefit determinations may require an employer to furnish a specified amount of paid vacation upon completion of a specified length of service with the employer, for example, "one week paid vacation after one year of service with an employer".However, the Wage Determination that applies to me (2015-4603) states: "VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173).”Can you please advise? I don't want to risk my job with my present employer unless I know that my information is accurate. … read more
Law Educator, Esq.
Law Educator, Esq.
130,138 satisfied customers
My company was bought out 5 days before my 7th year
My company was bought out 5 days before my 7th year anniversary. Everyone that had their anniversary by 7/31/16 was paid their unused vacation, I did not get any, I was fighting that I should had been… read more
Alex J. Esq.
Alex J. Esq.
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My employer implemented a PTO. My anniversary in May and I
My employer implemented a PTO. My anniversary in May and I have over 10 years of service earning 20 PTO days. I was told I have 20 days to use before my anniversary. No mention of accruals. Based on t… read more
Law Educator, Esq.
Law Educator, Esq.
130,138 satisfied customers
Can an empoyer change your date of hire anniversary, I was
Can an empoyer change your date of hire anniversary, I was hired and started in September they changed it to January so that I get my 2 weeks vacation in January. Is this legal?… read more
Phillips Esq.
Phillips Esq.
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JD
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Question: I have put in a notice for my employment to end with
Question: I have put in a notice for my employment to end with my current employer. What I am wondering, new vacation time is given at the end of August annually, I have accrued 20+ days and my employ… read more
LawTalk
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Juris Doctor
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I have voluntarily resigned from my position as an ARNP with
I have voluntarily resigned from my position as an ARNP with 2 weeks notice in the state of Fla. ! don't have an employer/employee contract. My guideline has been the employee handbook. Question is re… read more
JB Umphrey
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State of Michigan If you are an hourly or salaried employee
State of Michigan If you are an hourly or salaried employee and a portion of your overall compensation is earning paid time off or PTO and your employment is terminated either on a voluntary or involu… read more
Roger
Roger
Litigation Attorney
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As of June 1, 2011, I am on furlough from my job for one month.
As of June 1, 2011, I am on furlough from my job for one month. However, because of the nature of my job, I have not been able to take my vacation I have earned. I have been told by my employer that I… read more
MDLaw
MDLaw
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Hi. I am in Colorado. My employer announced the Monday after
Hi. I am in Colorado. My employer announced the Monday after Christmas that the company would be closing its doors for business as of 1/31/11. We had under 10 employees at that time. They have since g… read more
MDLaw
MDLaw
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Employees in our business earn vacation and personal time after
Employees in our business earn vacation and personal time after one year of continuous employment and it is awarded on the anniversary date of their employment. An employee recently quit and I intend … read more
Marsha411JD
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My company issues vacation in what I refer to as the older
My company issues vacation in what I refer to as the older method, x amount of days onto your file as of your anniversary date. My old employer is based in Wisconsin but has locations in Illinois. Eve… read more
INFOLAWYER
INFOLAWYER
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My work has been on mandatory 10 hour days and im hurt from
My work has been on mandatory 10 hour days and im hurt from a work related injury and they are only letting me work 8 hours. I was wondering if there is anyway that I could get reimbersed for the mone… read more
Legal Eagle
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i was a salaried employee that was terminated May 15, 2009,
i was a salaried employee that was terminated May 15, 2009, 2 weeks prior to my anniversary date of June 2. On June 2 I would be awarded 15 days vacation. My company has refused to pay saying that eve… read more
INFOLAWYER
INFOLAWYER
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Doctoral Degree
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My anniversary is April 15 to get my new vacation. Myjob was
My anniversary is April 15 to get my new vacation. Myjob was eliminated as weekend supervisor.my last day is March 8,2009. and after that I take 14 days of vacation from this year. they offered me a p… read more
INFOLAWYER
INFOLAWYER
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I live in Florida, with an anniversary date in January. My ...
I live in Florida, with an anniversary date in January. My company just informed me that they are changing vacation time effective immediate, currently I have 40 hours left to use until my anniversary… read more
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My employee just gave notice. She is 4 months into ...
My employee just gave notice. She is 4 months into her new year 2007-2008 since her hire date was October of 2005. As my employee, she gets 2 weeks (9 days) paid vacation. Can I give her a pro-rated r… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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