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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption