Aren’t you supposed to docked in the pay period you missed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Aren’t you supposed to docked in the pay period you missed?
I get 14 vacation days a year. If I use 20 days, my boss will wait until the end of the year to dock you for 6 full days and he will do it in 1 paycheck. So it could mean that you might not even get a paycheck for that week. This means you have to go without a paycheck for a week. Is this legal? Accumulating these days until the end of the year?
Asked on November 19, 2018 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that there is no legal requirement that an employee be docked for the use of excess vacation days in the pay period in which those extra days were used. Accordingly, absent an employment contract or union agreement to the contrary, your employer recover for such time and deduct for it in a single paycheck, even if that results in your not getting any money that pay period.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no requirement that you be docked for an excess of vacation days in the period(s) in which you used them; your employer may at their choice elect to accumulate them and then recover the cost all at once. You are fortunately they let you use excess days--most employers would not, and would terminate you for running almost 50% over the vacation days you get.
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.