Legal Question in Employment Law in District of Columbia

Re: Salary Employee looses vacation time

Generally no. I would need more facts to know exactly what is going on, but an employer generally may not "pay dock" a salaried employee, i.e., take away pay in any form such as salary or paid vacation, due to the quantity or quality of work. So, working less than 40 hours is not an excuse, nor is a disciplinay issue such as poor work.

However, an employer certainly is allowed to only have vacation accrue as it is earned. For example, you might earn 2 hours of vacation for each week worked, or something like that. So if you work less than 40, you might not earn the whole vacation.

Again, though, I do not believe there is any justification for taking away earned vacation, unless there is some sort of forfeit provision in the employer's policies. But even that would be suspect for the reasons stated above.

Please call for a free consult if you want to discuss the facts, or you can call the US Dept. of Labor, wage and hour division, for free help. They are online, too, as is the Md. DOL - they are called the DLLR.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Salary Employee looses vacation time

As far as I know, employers in D.C., as in Virginia, are under no requirement to provide employees, whether salaried or not, with a specified amount of vacation leave, or sick leave, for that matter.