What can I do if my company took 3 years time away when I went from part-time to full-time.

I was hired 20 years ago as part-time. Then 12 years ago, I went full-time. Now they tell me that when I did that I lost 3 years of service so instead of the 5 weeks of vacation time I’m now entitled to I have to wait 3 more years to get 5 weeks. Is this legal?

Asked on February 14, 2017 under Employment Labor Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

Did this action violate the terms of your union agreement (or any applicable employment contract)? Did it constitute some form of legally actionable discrimination? If not, then it was legal. The fact is that vacation time is a discretionary benefit. In other words, it is not legally required to be given. Accordingly, a company has a great deal of discretion over how much should be given and when. That having been said, if this action violates company policy or other workers in a similar situation have been treated differently, then you may have a claim. At this point, you can consult directly with an employment law attorney in your area.


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