Legal Question in Employment Law in Pennsylvania

Employment Law

My company's handbook states that an employee who has worked for 10 years gets 20 DAYS of paid vacation. I have been a 4-day 10 hour employee for a number of years and every year I've taken the stated number of vacation DAYS according to the policy.

At the beginning of 2007 I requested my 20 days and they were never denied. I'm hearing this morning that although the handbook clearly states the policy in DAYS that I am only entitled to 160 HOURS of vacation. I'm hearing this from our local administrator, not from the corporation itself.

I need advice on what I am actually entitled to. There is precedent for me in that I've always taken the stated number of DAYS (not hours) allotted in the policy.

The plot thickens. In February I'm due to have a baby. First, this makes me think that perhaps I'm suddenly being discriminated against due to my condition, since this has NEVER occurred before.

Further, FMLA states that I'm eligible for 12 WEEKS of time off. So, based on that interpretation, should I only get 48 DAYS off of work?

Any advice you can offer would be much appreciated.

Thank you.


Asked on 10/31/07, 1:53 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Employment Law

You asked about leave from employment.

Whether or not time off is stated in days or hours in a handbook it should be reflected on your payroll receipts in the hourly form. The customary workday is eight hours and unless a company is entirely composed of persons working alternative schedules their policies need not be individually tailored. Moreover, the policies are subject to change by the employer at any time so long as there is no discriminatory intent or result.

Because you are paid hourly the accrued time-off should be deducted hourly. This results in 20 days equating to 160 hours, not 200.

I understand your confusion, but rather you should think of it as though you've been getting a nice bonus when calculated the other way.

As to FMLA leave, the time off is computed per company policy. Time off may only be taken in full day increments therefore when you take off one day you are using one fourth of one week. Four days equals one work week.

Rather than discrimination I would tend to look at it as though the administrator is properly applying the rules and removing an advantage that you had been getting for a long time. In this case your precedent establishes nothing. It might even be possible for the employer to seek repayment for the overpayment of vacation time.

Regards,

Roger

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Answered on 10/31/07, 2:06 pm


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