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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116701
Experience:  20+ Years of Employment Law Experience
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I am required to take call as part of my job. I took an

Customer Question

I am required to take call as part of my job. I took an APPROVED vacation day on a Wednesday. During that same week(not on my day off) I was called back in over 10 hours. I was not paid for my vacation day because they employer said my call back time made up the day I was off. Holiday and sick pay are the same way now. Thanksgiving and the Friday after were paid holidays. I was on call several days that week and ended up getting called back in well over 16 hours so therefore I will not get paid for either holiday. All of these days they do not pay us for are put back into our "bank" for us to take at a later date. However with the way our schedules work, the chances of us getting paid for a full vacation or holiday are very slim unless we take a whole week off at a time. I realize that employers are not required to give you vacation time but if they have a policy where you earn time and they approved a vacation day can they dishonor that agreement?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, employment in AL is deemed at will. Also, vacation or sick pay is not mandated by law and as such how the employer pays that is up to the employer's policy and not the laws. This means that the employer is legally allowed to determine how pay for the time. If an employee takes a vacation day and has to work, the employer can apply the hours worked to cover the vacation day and that is legal as the employer gets to make their rules on how sick/vacation time is used and paid by the employer. There is simply no law preventing them from doing this as their policy in AL or under Federal law I am afraid.
Customer: replied 1 year ago.
this is the case even if you did not work the day in question and even though there is nothing in the employee handbook regarding this so-called policy? They just started this "policy" the last pay period
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Legally, the employer only need to pay you by law for only hours you actually worked. Anything else, vacation or sick etc, is solely up to the employer's discretion and it does not have to be in the employee handbook (which is merely a guide to employees which can be modified at the employer's discretion. Such is the problem with at will employment I am afraid.