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Nov14

Full Time to Part Time

Our firm offers 2 weeks vacation for both full time and part time employees who have been with the firm 1-9 years. We have an employee who transitioned from full time to part time after taking a maternity leave. She thinks she should be paid for her previous 8 hours for a vacation day. I think she now is paid 5 hours for a vacation day because that is how many hours a day she is now working. Who is correct?

Though vacation time is not required to be provided by private employers, many states have adopted legislation regarding its administration. Generally, most states simply require that employers abide by the terms of their established practices or policies. Some states, however, consider vacation time to be earned wages. Thus, it’s important to be aware of state laws regarding vacation time.

It sounds like the employee has returned from maternity leave and is currently working part time. If that’s the case then she should only be entitled to a pro-rated portion of her previous full time vacation allotment. So, if she works five hours a day and takes a day off then she’s only entitled to five hours of vacation time.

Now, if her complaint is that she had 8 hours accrued prior to her transitioning to part time and she wants to use those hours, that’s different. She should be allowed to carry over her previously earned hours. However, whether or not you, as the employer, have to allow her to do so depends on state law.

This entry was posted on Saturday, November 14th, 2015 at 7:47 pm and is filed under
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