can a employer tell you that you can take two weeks vacation till you earn it.

I will be one year with my company in March, 2017. After that I am entitled to two weeks vacation. my boss told me that I can not take one week or two week in March because I have to earned it. He said that I am on prorated schedule. It does mean that I will be able to take my one or two weeks vacation each year at the end of each year when I earned it. Is that legal.

1 answer  |  asked Nov 2, 2016 10:47 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
No employer is required to provide vacation unless there is an enforceable contract. Unions usually negotiate vacation for their members in collective bargaining agreements.

However if you are not in a union but are lucky enough to work in New York City (one of the Burroughs) looks like you probably have earned 40 hours of sick leave. Check your employee handbook or consult with a lawyer or the New York City Commission on Human Rights if you believe there is some type of discrimination such as other employees are treated differently. The Commission will not object if you also hire and bring your own lawyer to resolve this. Good luck.

posted by V Jonas Urba  |  Nov 2, 2016 1:52 PM [EST]

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