Legal Question in Employment Law in Tennessee

vacation time

My husband works for a technical college and here recently they have changed managers. The new manager has informed them that they(the company)did not keep up with the employees time off from this year (sick or vacation)and they want the employee to tell them how many days they used. My husband is salary and has been there 1 yr this month, which should have made him eligible for vacation time 1/07, but they approved time off for him back in July for vacation. Now they are telling the employees that they will close the school in Dec. for 2 weeks for Christmas and they want the employees to use their vacation time even though they are salary employees, can they make them do this? If so, how does this work with salary employees that won't have enough vacation time to use while the school is closed. Also do salary employees have to clock in and out?


Asked on 12/01/06, 4:02 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: vacation time

Let me answer your questions in reverse order. First, an employer can make a salaried employee clock in and out. However, generally the employer cannot take hourly deductions from the employee's pay. If that is happening, then the employer may have to pay the employee overtime.

As a general rule, employers can make salaried employees take vacation at specific times, unless there is some contract to the contrary. However, also as a general rule, an employer must pay for time off for salaried employees that is caused by a plant shutdown. For more information on counting hours worked, you can contact me at [email protected] and check my article on counting hours worked at http://www.memphisemploymentlawyer.net/index_files/Countinghours1.html

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Answered on 12/03/06, 1:46 pm


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