Do Employees Get a Paid Vacation?
Unfortunately, there is no law that requires employers to give their employees paid, or even unpaid, vacation days. The Fair Labor Standards Act, which is the federal law applying to wage payments, doesn’t require vacation leave at all. Unless you have already made a collective bargaining agreement or it states vacation eligibility in your contract, you are not entitled to a vacation.
Many, if not most, employers offer a certain amount of vacation days to their employees to maintain employee moral, but other employers may not. However, because employers aren’t obligated to offer vacation days, employers have free reign when it comes to determining which employees get vacation time and for how long.
If an employer chooses to give his or her employees vacation time, whether it may be paid or unpaid, he or she usually takes into consideration the industry’s standards and employee expectations in order to calculate how much vacation time to give. Employers are free to offer vacation to some employees and not to others. Part-time employees or interns may not be entitled to vacation time at all, depending on their employer’s generosity. However, employers may not discriminate in which employees get vacation and which do not. For example, he or she may not base their decision on one’s characteristics such as race, gender, religion or disability. Beyond this legal restriction, an employer is generally free to make vacation decisions how he or she pleases.
Employers are also largely free to determine when employees are able to use their vacation time. For example, an employer may prohibit and employee from using their vacation time during certain days, holidays or seasons. It is common for employers to also set certain policies of notice before an employee may take his or her vacation. They may also implement a waiting period or certain amount of time before an employee is able to take his or her vacation. For example, an employer may prohibit an employee from taking his or her vacation within the first six months or year of their employment.
An employer is basically allowed free reign in deciding if they offer vacation time, whether it is paid or unpaid, who is eligible and when an employee may take his or her vacation, as long as they are they are doing it legally, without any discriminatory decisions.
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