Aren’t you supposed to docked in the pay period you missed?

I get 14 vacation days a year. If I use 20 days, my boss will wait until the end of the year to dock you for 6 full days and he will do it in 1 paycheck. So it could mean that you might not even get a paycheck for that week. This means you have to go without a paycheck for a week. Is this legal? Accumulating these days until the end of the year?

Asked on November 19, 2018 under Employment Labor Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The fact is that there is no legal requirement that an employee be docked for the use of excess vacation days in the pay period in which those extra days were used. Accordingly, absent an employment contract or union agreement to the contrary, your employer recover for such time and deduct for it in a single paycheck, even if that results in your not getting any money that pay period. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no requirement that you be docked for an excess of vacation days in the period(s) in which you used them; your employer may at their choice elect to accumulate them and then recover the cost all at once. You are fortunately they let you use excess days--most employers would not, and would terminate you for running almost 50% over the vacation days you get.

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