Job Vacation Question?
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Job Vacation Question?
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Ok, I have an issue with a policy that is unwritten here at my employer, but I am wondering at it's legality. Ok, so here we go, and I apologize in advance if this kind of lengthy...
I work for a privately help company, in Texas, so I'd appreciate any answers from legal eagles here in the state. they have an unwritten policy that if you have a doctor's appointment, or simply need to leave work for some reason, they will take that time away from your accrued or unearned vacation in order to make sure you have your 8 hours that day. This is something that, even though I've worked here for over 3 years, I was unaware of. I feel that as I am diabetic, I'm being punished as I have to occasionally leave work during the day for doctor appointments, and would rather take the hit to my paycheck than have my vacation bank drained. I have tried to discretely make it known to Payroll that I would rather this not be applied to me, but to no avail.
I am curious to know if this practice is legal, even for a privately help company. If not, what would my options be? By the way, I'm paid hourly not salary, if that helps.
Additional Details
Thanks HRMom, that's just what I needed actually. I know it's not a fair policy, as I'd rather use it when I want, but since it IS applied across the board I suppose I'll just have to live with it.
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HRmom
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There are no laws requiring employers to offer paid time off, therefore, there are no laws regulating how they choose to handle that policy. The employer is perfectly within their rights to require you to use up some of your vacation time to make up the lost time during the day. If that is their policy and it is applied across the board with everyone, you are not being "punished". You just happen to need to use your time more often than the other people. That is not their problem. They are applying their policy fairly and legitimately. I'm sorry, I know that's not what you want to hear, but it is the truth. If they allow you NOT to use your time, but require others to do so, they are in violation of their own policy. Read below for more information on Texas requirements (or lack thereof) regarding vacation. You can go to the following link to read it yourself if you prefer: http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf
Q: Does an employer have to offer its employees vacation pay? If so, what are the guidelines?
A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation pay, holiday pay or other pay for hours not worked. However, if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement. The employer has the right to establish policy on how these benefits are earned, accrued, used and if they are paid out when not used, barring any policy which might be considered discriminatory as defined by law. |
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