Legal Question in Employment Law in Ohio

I am an hourly employee. I recently missed a day for a family medical emergency, but was able to make up the time in the same pay period. However, my employer is going to charge me eight hours of vacation pay for that day I missed (I have no sick time). Now I will be paid for 88 hours in this pay period. I asked if I could have my vacation time back since I was able to make up the time but the reply was "time needs to be applied everyday." Is this allowed? Why couldn't I make up time or take time unpaid as an hourly employee? Also, I have vacation planned this summer but now do not have enough vacation time to cover it. Can I request time off unpaid? Can my employer force me to use my vacation time? I could understand if I were a salaried employee, but because I am hourly, I figure they don't need to pay me for time I don't work so what's the big deal?


Asked on 6/01/10, 6:56 am

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

If you are an at-will employee (ie, not union or employment contract in force) the employer can make up policy basically any way he wants. There is no law that requires sick time, PTO or vacation. Nor is there any law that makes the employer apply vacation time in a certain way. You, in response, are free to find another job. Unfortunately that's how it works in Ohio.

Just make sure you get paid overtime for all time worked in excess of 40 hours/week. (NOT 80 hrs. over two weeks.) Otherwise, your employer is violating Federal and Ohio law.

Read more
Answered on 6/01/10, 10:33 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Ohio