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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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