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    martina59's Avatar
    martina59 Posts: 63, Reputation: 3
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    #1

    May 30, 2009, 06:11 PM
    Employer not paying correct vacation pay
    We did some investigating, & made some calls; it turns out we have pretty solid proof that my husbands employer is only paying vacation pay on "straight time",& not including overtime. If he brings it up they could make life pretty miserable to the point of job loss. This "error" involves a couple thousand $. Got any advise as to how to deal with this? ( one small item hubby is VERY non confrontational )
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 30, 2009, 06:22 PM

    I am sorry to inform hubby that the company is correct about paying for "straight" time and not including overtime in vacation time. Why should a company not do this? Say your husband works 20 hours a week overtime one week and 15 hours overtime another week. Why in the world would a company pay him ANY overtime if they are paying him vacation time?

    Anytime I EVER collected vacation time and actually took a vacation at the numerous companies I have worked for in various industries I have always been paid straight time for any vacation time paid to me.

    Sorry. In the real world companies don't have to give vacation days to employees and if they do pay the employees vacation time it is always at straight time and not overtime included. There is no law saying that companies have to give vacations either!

    Tell hubby to please calm down about this or as you said they could show him the door. If hubby doesn't want to take a vacation and lose money, then tell him not to take a vacation. Simple. Either he wants the money from the overtime or he wants the time off. Can't have both without giving up something...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 30, 2009, 08:02 PM

    Yes, unless they have a union contract to tell them they have to, vacation pay is not including overtime.
    martina59's Avatar
    martina59 Posts: 63, Reputation: 3
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    #4

    May 31, 2009, 01:31 PM
    Well, according to Canadian labour laws. Hubby IS entitled to 6% vacation pay, based on TOTAL WAGES. He doesn't take time off w/pay. Any time off or vacation he gets, it's WITHOUT pay




    Quote Originally Posted by twinkiedooter View Post
    I am sorry to inform hubby that the company is correct about paying for "straight" time and not including overtime in vacation time. Why should a company not do this? Say your husband works 20 hours a week overtime one week and 15 hours overtime another week. Why in the world would a company pay him ANY overtime if they are paying him vacation time?

    Anytime I EVER collected vacation time and actually took a vacation at the numerous companies I have worked for in various industries I have always been paid straight time for any vacation time paid to me.

    Sorry. In the real world companies don't have to give vacation days to employees and if they do pay the employees vacation time it is always at straight time and not overtime included. There is no law saying that companies have to give vacations either!!

    Tell hubby to please calm down about this or as you said they could show him the door. If hubby doesn't want to take a vacation and lose money, then tell him not to take a vacation. Simple. Either he wants the money from the overtime or he wants the time off. Can't have both without giving up something.....
    martina59's Avatar
    martina59 Posts: 63, Reputation: 3
    Junior Member
    		  
    #5

    May 31, 2009, 01:32 PM
    Quote Originally Posted by Fr_Chuck View Post
    yes, unless they have a union contract to tell them they have to, vacation pay is not including overtime.
    Well, according to Canadian labour laws. Hubby IS entitled to 6% vacation pay, based on TOTAL WAGES. He doesn't take time off w/pay. Any time off or vacation he gets, it's WITHOUT pay
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Aug 15, 2010, 08:41 AM
    Quote Originally Posted by martina59 View Post
    Well, according to Canadian labour laws. hubby IS entitled to 6% vacation pay, based on TOTAL WAGES. He doesn't take time off w/pay. Any time off or vacation he gets, it's WITHOUT pay
    You NEVER indicated that this was in Canada. I was giving you an answer based upon American labor law - NOT Canadian law.

    We are not mind readers here and can only answer questions that are put to us without sometimes (like your post) pertinent country identification.

    Also, you seemed to already know the answer as you put the 6% vacation pay based upon total wages information. In America we don't have such practices.
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