Should I still get paid when my boss takes vacations?

My boss is an orthopedic surgeon and 3 months ago he took a week off and went to Hawaii; now he is going to the Bahamas for a week. I am a certified medical assistant and get approximately 40 hours a week at $12 an hour. I’m getting paid bi-weekly and barely making it paycheck-to paycheck. I can’t afford to have him gone for a week. Should I get compensated for him taking his vacations and me having no work which equals no money?

Asked on June 14, 2016 under Employment Labor Law, Texas


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

Answered 4 years ago | Contributor

Do you have a union agreement or employment contract that provides for payment during these vacation times? Does your not getting paid constitute some form of legally actionable discrimination? If not, then your employer's action appears to be legal. Since most employment is "at will", this means that an employer can set the terms and conditions of work much as it sees fit. This includes, not paying wages to an employee when their place of business is closed. Possibly you have vacation or PTO that you can uses during these times. While not ideal to have to use it to cover your boss's vacation instead of your own, it would provide you with needed income during these periods.

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