Can an employer not give you sick,vacation, or comp time if on probation for written reprimand with 90 probation?

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Can an employer not give you sick,vacation, or comp time if on probation for written reprimand with 90 probation?

Have worked at office for 5 years, got first write up and was given 90 probation also. I earn 6 hours of vacation and 6 hours sick leave every two weeks plus comp time for anything over 8 hours. I am told that I can not earn my sick, vacation, comp, or yearly raise while on probation. I have read our employee handbook and find nothing stating you don’t earn these things while on probation. Can they legally do that? I live in MO

Asked on June 22, 2009 under Employment Labor Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to take that handbook to an attorney in your area, who can review it, along with the rest of the facts, to give you reliable advice here.  One place to find a lawyer is our website, http://attorneypages.com

You haven't referred to a contract, so you are probably an employee "at will," which means that your employer doesn't even need a reason to fire you. So, something less than firing is also very hard to attack.  I'm not a Missouri lawyer, but I know that in many states there is no law requiring an employer to give you paid sick leave or vacation or comp time.

Sometimes, an employee handbook can be used as a contract of sorts, in situations like this, but it's rare (because employers' lawyers usually know how to word the handbook to prevent it). The exact wording matters.


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