Can a salaried employee be docked vacation time if late?
I am a salaried employee at a hospital. I have been told that if I arrive late now that I will be docked pto time. I am the only one in my departement given this stipulation after being late a few times. Is this legal? I have a contract from when I was hired and my time off is stipulated only as vacation days per year as a full time employee.
1 answer | asked Jan 9, 2017 08:56 AM [EST] | applies to New York
Answers (1)
When you say that you have a contract you mean that you have a definite term of employment correct? Meaning there are dates from until when you are guaranteed work unless you break the terms of your agreement correct?
Unless a lawyer has reviewed your "contract" don't confuse an offer of employment which often states that you are "at will" with a contract of employment. There are big differences. Have a lawyer review the document you believe to be a "contract."
A lawyer may also notice that you are being discriminated as you suggest or imply and that would be illegal.
However, to get back to your question, assuming you have some type of contract and assuming there is no discrimination going on? then here's what NY's Department of Labor says about benefits and taking them away:
"Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit."
If you are certain that other employees are not being treated the same way AND that you are not an employee at will (if you mistakenly believe you have a contract when you are at will you can lose your job for no reason at all as an at will employee). Of course if you can prove that others were treated more favorably when they broke the same policies then you may have a discrimination claim but you should proceed with caution.
Don't be your own lawyer. Retain or at least consult with a labor and employment lawyer first. Keep in mind that if I were an employer the easiest way to fire someone is for not showing up on time - especially in health care, when being there is priority one. I might be more concerned with losing my job than vacation benefits but that's me.
posted by V Jonas Urba | Jan 9, 2017 09:44 AM [EST]
Unless a lawyer has reviewed your "contract" don't confuse an offer of employment which often states that you are "at will" with a contract of employment. There are big differences. Have a lawyer review the document you believe to be a "contract."
A lawyer may also notice that you are being discriminated as you suggest or imply and that would be illegal.
However, to get back to your question, assuming you have some type of contract and assuming there is no discrimination going on? then here's what NY's Department of Labor says about benefits and taking them away:
"Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit."
If you are certain that other employees are not being treated the same way AND that you are not an employee at will (if you mistakenly believe you have a contract when you are at will you can lose your job for no reason at all as an at will employee). Of course if you can prove that others were treated more favorably when they broke the same policies then you may have a discrimination claim but you should proceed with caution.
Don't be your own lawyer. Retain or at least consult with a labor and employment lawyer first. Keep in mind that if I were an employer the easiest way to fire someone is for not showing up on time - especially in health care, when being there is priority one. I might be more concerned with losing my job than vacation benefits but that's me.
posted by V Jonas Urba | Jan 9, 2017 09:44 AM [EST]
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