Differant pay rate on vacation time

Six months ago I was given a pay raise yet the new rate is not being paid for any vacation time or sick time. My old hourly rate is still linked to my vacation/sick time. I am told that the raise is for only the hours worked. Is that legal?

3 answers  |  asked Apr 11, 2002 4:33 PM [EST]  |  applies to Texas

Answers (3)

Kenneth Byford
Sick Time

The employment manual is a good place to start-- however, please be aware that an employment manual is, usually, not a contract and a mere guidline which is not contractual enforceable. Further, I agree with Ms. Harris... they do not have to pay you at all for sick time or vacation time-- not even if it is in the manual (unless the manual is construed as a contract-- in most cases, it is not.

Ken Byford

posted by Kenneth Byford  |  Apr 12, 2002 2:02 PM [EST]
Margaret A. Harris
Employers's Choice

I agree with Trey, and you should make the calls he recommends. But, unfortunately, Texas does not require employers to pay for vacation or sick time at all! While most do offer it, they can change their minds whenever they want. So, the company can also decide that, if it will pay, it will pay at a different rate.

posted by Margaret A. Harris  |  Apr 12, 2002 08:49 AM [EST]
Trey Henderson
vacation pay

I am not aware of this practice being illegal. You should check the employment manual or the benfits plan to see if it mandates that the pay is at your regular rate. Additionally, I would contact the Department of Labor and ask their opinion.

posted by Trey Henderson  |  Apr 11, 2002 7:57 PM [EST]

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