Can an employer base your vacation pay for this year based off of the hours worked in the same week the previous year?

UPDATED: Sep 30, 2022

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Can an employer base your vacation pay for this year based off of the hours worked in the same week the previous year?

For example, I worked 15 hours the week of 10/16 to 10/22 of last year, so they pay me 15 hours for my vacation this year.

Asked on October 21, 2016 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you accrued vacation time as paid time off, you must be paid for the amount of vacation time you actually used. If your vacation pay is tracked by hours, they have to pay you the exact amount of hours you used. If it is tracked by day, they need to figure out your average workday, based not just on one week last year but based on the number of hours worked this year to date, divided by the number of work days (e.g. say you have worked 800 hours to date this year over 200 work days; your average work day is 4 hours; in that case, if you used 6 vacation days, you should be paid 4 x 6 or 24 hours).

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