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Rescinded Vacation

Discuss Labor Laws

Rescinded Vacation

Postby Kinsella » Sat Dec 03, 2016 9:39 pm

My husband as approved for vacation from 12/27 thru 12/29, returning to work on 12/30.  He is non exempt/hourly. His vacation was rescinded today. Since his employer renews vacation in January, he will lose these 3 days.  Should he be paid for the 3 days of vacation in addition to the work time if he is required to forfeit it without sufficient time to use it before losing it?  Are there any rules around notification time frames or reimbursement for lost travel cost?  In general, as I understand it, an employer in Arizona is not required to provided paid or unpaid vacation; but if they do what standards are applicable.
Kinsella
 
Posts: 50
Joined: Fri Jan 17, 2014 12:40 am

Rescinded Vacation

Postby Said » Tue Dec 06, 2016 2:36 am

Diana - You are a well-informed questioner, which makes my job easier.  Yes, it is true that most states and the federal government do not require any paid time off for employees.  If it is provided, the situation becomes a contract situation between the employer and employees.  Whatever employees are told they will receive, verbally, in writing or both, is what they have a right to receive.  The question becomes "What has the employer said happens in this situation?"  

Many workplaces, including my own, have a "use it or lose it" policy regarding paid time off.  The expectation is that employees have twelve months to take the time, so it is their responsibility to use the time wisely.  In your husband's case, he did as he was expected to do, but the employer changed his plans without much notice.  Other than suing his employer over two days' salary, your husband should try to negotiate a resolution to this that suits everyone's interests.  

He could ask for the 30th and 31st off.  It may be that he already has off the 31st, in which case there is the remaining day to be dealt with, but at least he gets a small break over the holidays.

He could request that he be allowed to carry over the two days to 2011.  When personnel must work at the end of the year and cannot take their time, it is common to make exceptions to the "use it or lose it" policy for them.

He could ask to be paid for the time he is losing.  

The reality is that employers can be arbitrary almost with impunity, because there is little risk to them in mistreating an employee, while the employee risks his or her job if s/he challenges the boss.  Because time off is not addressed by most employment laws, there is no agency to assist with the complaint and to protect the employee from retaliation.  The employee's remedy is to sue in small claims court and afterwards try to collect the amount of the judgment.  Many employer would fire an employee for suing them, and almost certainly an employer who would cancel vacation at the last minute knowing it could be lost would not hesitate to terminate under these circumstances.  

Your husband should find out from Human Resources what his options are.  If the company has a grievance procedure, he could file a grievance and hope for a fair hearing and decision.  If he is in a union, there probably is help to be gotten from the Local.  Otherwise, he is left with whatever he can negotiate for himself.

I'm sorry your holiday season is being marred by this problem.  Good luck.  
Said
 
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Joined: Fri Jan 03, 2014 6:47 am

Rescinded Vacation

Postby Palmer » Thu Dec 08, 2016 10:09 am

My husband as approved for vacation from 12/27 thru 12/29, returning to work on 12/30.  He is non exempt/hourly. His vacation was rescinded today. Since his employer renews vacation in January, he will lose these 3 days.  Should he be paid for the 3 days of vacation in addition to the work time if he is required to forfeit it without sufficient time to use it before losing it?  Are there any rules around notification time frames or reimbursement for lost travel cost?  In general, as I understand it, an employer in Arizona is not required to provided paid or unpaid vacation; but if they do what standards are applicable.
Palmer
 
Posts: 37
Joined: Sun Apr 06, 2014 12:04 pm


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