Can an employer take your vacation time.

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Can an employer take your vacation time.

Can an employer send you home from work
routinely and then take your vacation time
without asking to keep you at 40 hours? They
claim you must be kept at 40 hours to keep
insurance, but deplete our vacation time to do
so.

Asked on May 23, 2019 under Employment Labor Law, Colorado

Answers:

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

Answered 2 years ago | Contributor

Unfortunately, using your vacation to make up for lost time in a 40 hour work week, this is legal. That fact is that vacation time is not mandated by law, therefore to the xtnt that an employer chooses to provide it, they generally have the right to set how it's awarded, how it's used, and when it can be forfeited. Accordingly, not with standing an employment contract ro union agreement to the contrary, an employer can set terms for the use of vacation (even saying that if you to get to 40 hours it will be used to make up that time). That having ben said, your employer would still have to pay you for that time. So for example, if they use 2 hours to get you from 38 to 40, they have to pay you for 40, not 38).

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

Answered 2 years ago | Contributor

Unfortunately, using your vacation to make up for lost time in a 40 hour work week, this is legal. That fact is that vacation time is not mandated by law, therefore to the xtnt that an employer chooses to provide it, they generally have the right to set how it's awarded, how it's used, and when it can be forfeited. Accordingly, not with standing an employment contract ro union agreement to the contrary, an employer can set terms for the use of vacation (even saying that if you to get to 40 hours it will be used to make up that time). That having ben said, your employer would still have to pay you for that time. So for example, if they use 2 hours to get you from 38 to 40, they have to pay you for 40, not 38). 


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