Can my employer require me to use vacation hours to cover hours that are paid on an overtime basis?

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Can my employer require me to use vacation hours to cover hours that are paid on an overtime basis?

My work week start Saturday at 6 p.m. and ends Saturday at 6 p.m. I work a 12-hour shift. One week I work Monday, Tuesday, Friday and Saturday This results in a 48-hour week. The next week I work Sunday,Wednesday and

Thursday resulting in a 36

hour week. If I take

vacation on the 48-hour

week my employer requires

me to use 48 Hours of

vacation to cover the

scheduled hours. Meaning

I’m using straight time

vacation hours to cover

overtime. I only get 40

hours per week of vacation.

This is in Ohio.

Asked on February 21, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is legal. Vacation time is needed to cover the hours you would have normally worked (but took vacation for), regardless of what you would normally be paid for that time: i.e. ignoring overtime, shift differential pay (if any), weekend pay (if any), etc. It is simply that you must use one hour of paid time off to cover each hour of work you would have been scheduled for but missed.


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