Can leave be based on hours worked?

The company that I work for in VA has updated their employee handbook. They state that if no hours are worked during the week (whether that be out on vacation or on FMLA leave) then the employee will not earn sick or vacation leave (two different buckets). Is this legal? I earn a set number of each, broken down by week. I have worked here for years and have always earned my leave even when out on vacation or for surgery. Now, they are basing accruals on hours worked. The sick hours are all earned by the autumn timeframe so there is time to make up any hours not earned here, but the vacation is earned ongoing. Can they withhold what is supposed to be accrued leave?

0 answers  |  asked Feb 1, 2021 11:13 AM [EST]  |  applies to Virginia

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