Human Resource Blog

As an employer, you can establish whatever company policies you like about the use of PTO or vacation time. However, to be fair and avoid charges of illegal discrimination, you should apply those policies uniformly to all employees. Ideally those policies would be in writing, and employees would be aware of them in advance. For example, you might deny an employee vacation over the July 4th holiday because two people are already on vacation at that time. But denying an emloyee time off over July 4th becasue she wanted to be maid of honor in her cousin’s wedding, and you dislike her cousin, is a recipe for disaster. Ideally, HR pros should not put themselves in the position of determining who has the more “valid” need for time off. It’s better to implement a straight-forward “first come, first served” policy by granting vacation requests in the order they are completed and turned in to management.

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Yes, this is known as a temporary shut-down and is fairly common in factories and other businesses. Many doctors and dentists do this. Ideally, they would let the employees know well in advance, so that the workers could make vacation plans as well. Many physicians also give their workers the option of taking the week unpaid, and using their paid vacation  at another time during the year. Technically, employers can require that workers use their vacation.

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This will depend partly on what state you are in. Some states (such as California) never allow employers to recoup overpayments to workers. It’s simply the employer’s loss, because it’s the employer’s mistake. Other states do permit employers to deduct overpayments from the employee’s check. However, if the deduction results in the employee being paid less than the state (or federal) minimum wage for the hours worked in a particular pay period, then it would be illegal under state (or federal) law.

Some companies have the policy of allowing employees to use vacation time in advance. Usually in these cases, the employee has signed a written authorization that permits the company to deduct any outstanding balance from their final paycheck. However, again, in a few states those agreements are illegal.

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According to the Pennsylvania Department of Labor & Industry, employers are not required to give rest breaks or meal breaks to workers over the age of 18. OSHA regulations require that employees be permitted to use the bathroom when necessary, and to drink water. The assumption is that on an 8-hour shift, if there is no formal meal break, the employee is permitted to eat while on duty.

Under both federal and state law, if an employer gives rest breaks shorter than 20 minutes, the employee must be paid for that time. If an employer gives a meal break of more than 20 minutes, where the employee is entirely relieved of duties, it can be unpaid. An employer is certainly free to make meal breaks mandatory, but there is no law in Pennsylvania that he or she has to give them.

For more on this topic, go to http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|&TNID=1024#10

Although a Pennsylvania employer is not required to give breaks, some do. They can even make breaks mandatory and discipline or terminate an employee who doesn’t take them.

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No, you are not. According to the New York State Department of Labor, an employer is not obligated to pay unused vacation upon termination if the employee was informed in writing, ahead of time, that it would be withheld under certain conditions. Having a policy of not paying vacation upon termination in an employee handbook would certainly qualify.

In New York, if an employee has vacation time, and there is no written policy stating that it will be forfeit under certain circumstances, then the employer must pay it. For more on this topic, go to http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#10

Popularity: 18% [?]