Legal Question in Employment Law in Florida
Vacation Time for employee
My son works for a pet chain store, he has been employed with them a little over a year. He submitted for paid vacation 1 1/2 months ago, and told by his store supervisor that he was approved for this vacation. He currently is on this vacation. His store supervisor contacted me and said that today he recieved a call from HR stating that he was not eligible for vacation until July 17, because he was 1-2 hours short of accumulative time. He said that my son would not be getting paid for the time off this week. Is this legal? What are some steps that we can do to get this situation ratified.
2 Answers from Attorneys
Re: Vacation Time for employee
The first step is for your son to contact HR and explain that the vacation was authorized by the supervisor. Your son should not be penalized for that mistake, especially since it is only a 1/2 hour difference at issue. If HR is not willing to reconsider and pay for the vacation time based on those facts, your son should appeal to someone higher up (an executive or store owner). In any case, he needs to be calm and diplomatic, not argumentative or accusatory. Just explain the matter, including the fact that he did what he was supposed to by seeking approval for the vacation well in advance, and ask them to reconsider.
If that does not help, feel free to email directly to me or call for a free consultation.
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.)
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: Vacation Time for employee
Florida law unfortunately does not require that employers provide any vacation, let alone paid vacation to employees. As a result, while your son should send a letter requesting that an exception to the formal policy be made in his case b/c of the minimal difference and because he relied on being told it would be paid, he should also be careful b/c Florida is an at-will state, meaning the ER could fire him for any reason at any time.
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