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    Leaner123's Avatar
    Leaner123 Posts: 4, Reputation: 1
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    #1

    Jan 25, 2013, 11:41 PM
    Vacation pay earned and paid
    Urgently!
    What is my vacation pay earned and paid if yearly salary was 24k?
    I am a newcomer. I've been laid off. Bi-weekly pay was $923.08. I've been paid the same amount during 23 pay periods from February to December 2012. I've worked out 1863h (include 103.5h lunch break), If any paystub didn't consist the hours worked out and the vacation paid, did each period include a portion of vacation pay? If it did not, should I expect my vacation pay earned to be paid?
    I've been told that my hourly rate was 12 $/h. Was it true?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #2

    Jan 26, 2013, 01:52 AM
    You are not providing enough information for this to even really be funny.

    12 dollar per hour, you have to look at the gross pay on the paycheck.
    Number of hours times 12 dollars , so if you worked 80 hours per two week, then your bi weekly gross should be 960 dollars before taxes and deductions.

    Vacation pay is not a right, most places do not even pay it.
    For those that do pay it, it will vary from company to company, for most it is a percent of gross pay for the year, For some you have to work the day before and day after to get it.
    For vacation pay, you have to talk to HR about that.

    Lunch breaks are not paid work time, and do not count toward anything normally.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #3

    Jan 26, 2013, 05:34 AM
    You have all these numbers, but none of them have to do with vacation pay, since you neglected to tell us if you even were supposed to get vacation pay, or if you were, what the terms were. One week? After one year? Pro-rated if you work less than a year? None if you don't?

    I have never heard of an employer adding vacation pay to each paycheck from the start, so it looks like you haven't been paid for vacation, unless the last check included an extra week and you don't realize it.

    So look in your paperwork or company handbook, or ask your employer.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Jan 26, 2013, 12:17 PM
    As noted vacation pay is up to company policy. You have to read your company's employee handbook to find out the policy on accrued vacation. Some companies do accrue vacation as you go, but you have to work a full year to get it.

    So you have to talk to the company's HR people to know if you are entitled to any accrued vacation pay.
    Leaner123's Avatar
    Leaner123 Posts: 4, Reputation: 1
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    #5

    Jan 26, 2013, 06:06 PM
    I am sorry about my English if it sounds unclear. I had signed an Employment Agreement on a full-time and permanent basis plus an addition document that clarified that the first year was a short year from February 1st to December 31st. The next year would be from January 1st to December 31st. By that Agreement my salary should be paid bi-weekly as instalments - $24,000 / 26 = $923.08. Also by the Agreement there was no overtime paid. So, I should have controlled and adjusted my hours in each week. If there was 45 hours worked out in one week then the next week it should be only 40h to have an average of 42.5h per week in a year. So, my pay stubs did not consist any hourly rate and hours worked out. There were just regular gross amount of 923.08 before deductions plus CPP, EI, Tax deductions, plus net pay of $771.08 in each pay stub in every two weeks period without any information about my vacation pay earned and paid in advance. By the Agreement I "shall be entitled to 2 weeks paid vacation during each year" and "unused annual vacation time in given year during the term of this Agreement may not be carried forward for use in any subsequent year during the term of this Agreement" . My employer has promised to me to pay 12 $/h. when he's asked me to sign the Agreement. That is why I thought I could expect the final pay as one more cheque (23 plus 1) for the vacation pay earned and paid in 2012 year . Now my employer declares that I have got my vacation pay as a portion of each amount of $923.08. Is that right?
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Jan 26, 2013, 06:14 PM
    So the contract is silent about how vacation accrues? Again, that is the key. If you accrued the 2 weeks then you are entitled to one more check beyond the last day you worked.
    Leaner123's Avatar
    Leaner123 Posts: 4, Reputation: 1
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    #7

    Jan 26, 2013, 07:33 PM
    Thank you all for your answers.
    In my contract there was no more information about the vacation than I just described. I would like to understand 24k should be divided 26 times or 25 instead (I guess) to have accrued vacation pay? There was nothing about it too. :(
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #8

    Jan 26, 2013, 09:40 PM
    Hours 1863 - 103 = 1760 / 40 = 44 weeks
    You got 23 paychecks = 46 weeks

    24,000 / 26 weeks = 923.08
    BUT that's not $12/hr. 12 x 80 = 960 x 26 = 24,960
    At 40 hrs/week, it's an uneven 11.55/hr
    If you worked an actual 44 weeks = 22 x $923.08 = 20,307.76
    You were paid for 46 weeks, an extra 923.08 = 21,230.84
    (I was going to see what prorated vacation time this might include but have to go to sleep.)
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #9

    Jan 27, 2013, 06:24 AM
    Where you an exempt or non exempt employee? It sounds like you were exempt being paid an annual salary of $24K. This does translate to $923.08/pay period if you are paid bi-weekly.

    What were your exact start and end dates? Also what was the pay period covered? For example. Let say their pay periods start on Sunday and the first pay of the year started 1/1/12 (which was a Sunday). That means the third pay period of the year started 1/29. If you started anytime between 1/29 and 2/12, then you should have received a partial check for the 3rd pay period of the year. If you started on 1/30 then you should have received 24 checks for the balance of the yer depending on when you left. So we need the exact dates.

    As joy noted, If you standard work week was 40 hours than your hourly pay works out to $11.55. For you to make $12/hr your regular work week would have been 38.5 hours.
    Leaner123's Avatar
    Leaner123 Posts: 4, Reputation: 1
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    #10

    Jan 28, 2013, 09:02 PM
    I am sorry I've forgot to add my statutary holiday hours paid because my ex-employer didn't add it in my ROE but he declares he paid them. I have to notice I resident in Canada. I am sorry if I confuzed you guys. I noticed that this is U.S.A. website too late. Anyway, thank you everybody.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #11

    Jan 29, 2013, 04:03 AM
    Quote Originally Posted by Leaner123 View Post
    . I noticed that this is U.S.A. website too late. Anyway, thank you everybody.
    While this site is based in the US and the majority of our members are from the US, we are an international site and have members from all over the world. As long as we know where you are, we can answer questions more accurately.

    I would suggest that you contact your local Labor department if you feel you have not been reimbursed properly.

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