I was shorted, on this week's check, of 32 vacation hours due me. I talked to payroll ths morning and found out that the reason why is because my boss purposely shorted me. The reason she did it is because vacation pay is considered non billable overtime. She is allowed a 3% cushion on NBOT and she tries to keep hers at .03%
Is the company legally required to grant vacation pay (I was off for a week) ? Or is vacation pay discretionary ?
It depends on the nature of your vacation days, and the place you live. If vacation days are an earned benefit, then they owe them to you, and in fact have to pay you for them if you leave the company before you use them. If they are granted, they can pretty much be taken away from you anytime they want.
You need to talk to a labor law expert in your state. Any other advice you get here, including mine above, is a waste of your time.
An employees job is to provide a service to the employer for a fee. Anything other than that would be a "benefit", and those, I feel are discretionary. Of course, you are free to accept or not accept the employers terms. Now if you have a contract, THAT is a bit different.
My employer, back in January, stopped matching contributions to my 401K, due to the roaring liberal economy! In time, once we have corrected their economic idiocy, they will again match.
The first thing you should do is obtain the company policy on the payment of vacation pay. Then you need to determine if company policy was followed, and if everyone is treated the same way you were.
I agree with Vince. Laws differ from state to state. Clubber makes the point that vacation time is a benefit, implying that it's not a right. And that's true provided that the employer is not breaking the law.
Make sure in the Policy Book that vacation is earned. As long as it is, it must be paid just as money.
It might be time to update the resume.
"The reason she did it is because vacation pay is considered non billable overtime."
I've never heard of such a thing myself.
"She is allowed a 3% cushion on NBOT and she tries to keep hers at .03%"
That's her problem, not yours.
"Is the company legally required to grant vacation pay (I was off for a week) ? Or is vacation pay discretionary ?"
"they will again match."
Don't bet on it, moron.
YAWN!
In today's work environment, at will employment status, I'd say it's discretionary, I could very well be wrong, but employers have the employee's balls in the grinder. It sucks big time, especially for you, Dudester, good luck in collecting it. Employees have come to expect vacation pay, getting it may be a challenge these days.