If it is listed in the company handbook that vacation is earned through years of service. Can a new hire be offered extra weeks of vacation as incentive instead of having to for the years of service? NY

Our company policy is that when Hired you are given 2 weeks of vacation and may voluntarily purchase a 5th day of vacation. At the beginning of your 6th year you acquire another week and at your 12 year your get a 4th week. This is all written in the employee handbook. Is it possible for a company to offer a new hire employee an extra week of vacation when and forgo the scheduled vacation policy in the handbook as an incentive of hiring the new employee?

1 answer  |  asked Sep 3, 2018 08:02 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Almost every employee handbook states that it is not a contract. Just a guideline. It can be changed at any time. The employer could take away vacation from everyone next week.

That's the catch. If your employer offers the extra week to a white male and not a black male that would be discriminatory just like offering it to a 45 year old and not making the same offer to a 60 year old would also likely be discriminatory. Your employer now likely has to offer that benefit to everyone or take it away from everyone. They put themselves into a bind didn't they?

posted by V Jonas Urba  |  Sep 3, 2018 08:14 AM [EST]

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