My employer is denying me vacation days against what is stated in my employee handbook. Is it worth it to go through a legal process to try to get my rightfully earned 2 days?

Hire date 10-7-2014. The handbook states: ....eligible for paid vacation as outlined below:
1. After ninety(90) days of employment and before one hundred eighty(180) days one(1) day of paid vacation.
2. After one hundred eighty(180) days of employment, two(2) days of vacation if none has been used.
3. After twelve(12) months and before twenty-four(24) months of employment the Team Member will receive five(5) vacation days, available on/or after the anniversary date of one(1) year of employment.

At the current date(10-28-2015), after using 1 day of vacation on 7-3-2015, I was told by my employer that I have 4 days left, I should have 6, right?

1 answer  |  asked Oct 27, 2015 11:45 PM [EST]  |  applies to North Carolina

Answers (1)

Reagan Weaver
As a relatively new employee, you will mark yourself as a complainer if you take this matter outside the company. You have the right to do so, but to answer your question directly, I think you could be hurting your longer term interests with the company.

The policy can be interpreted the way you are interpreting it, but it may not be stated the way it was intended. I would suggest that you speak to your supervisor and tell him how you interpret it and that you were surprised by his telling you that you only have 4 days. If after discussing it, you don't feel like you are being treated fairly--and especially if other supervisors are interpreting it differently--then you can go to Human Resources and tell them what your concern is.

I think there is a chance that what the company meant was that during the first two years there you only get 5 days off total. I suspect that they meant you get 5 days off per year, yet they might mean that until you are there for two years all you get is 5 days. It is not clear. They stated it poorly, if you have quoted the policy fully, and the way you read it is a possible interpretation of it. Obviously, there needs to be a discussion about what the policy is meant to say.

Bear in mind that somebody screwed up by stating this policy the way it was stated. They may not appreciate being told that they messed up. Use your best tact in approaching the issue.

posted by Reagan Weaver  |  Oct 28, 2015 07:25 AM [EST]

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