Am I supposed to get a paid vacation after working more than 3 years at the same store?

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Am I supposed to get a paid vacation after working more than 3 years at the same store?

I have been working at the same store for 4 years and I believe I’m all should get a paid vacation.

Asked on March 25, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not require paid vacation at all--it's legal for employers to never provide it. It is up to employers whether and, if so, when  (e.g. after how many months or years) they will provide paid vacation. So, unfortunately, the law is no help in regards to this--it's up to the employer to determine if they provide vacation, and to whom.

Note, however, that if the employer provides vacation after a certain length of employment, it needs to honor its own own policy under which you've been working (at least until it choose to change that policy going forward). Also note that an employer cannot discriminate in terms of who gets paid vacation on certain protected grounds, such as based on race, sex, religion,  age over 40, or disability. Therefore, if there is a vacation  policy at work for which you seem to qualify, you probably should get vacation--but nothing requires the employer to have a vacation policy or provide employees with vacation in the first place.


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