Can employer not pay vacation after 14 month employment

I been with this company for over a year in may 2017 I was diagnosed with severe Degenerative Disc Diseases of the LS spin. Had to stay home for three months, now I’m back to work and asking about my 1 week paid vacation they said its not a year yet but I was hired August 2016, so they saying the 3 months I stayed home because of my illness doesn’t count, they said I become new hire. Really can the employer do that?

Asked on October 18, 2017 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can: it's not calendar time that counts, but work time.  An employer is not required to credit you with time for benefits (including vacation) that you were on leave or otherwise not working. So if you were hired 14 months ago but spent 3 months out of work, you have worked 11 months, not a year or more.

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