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    Shanni4's Avatar
    Shanni4 Posts: 25, Reputation: 4
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    #1

    May 13, 2008, 06:54 AM
    Vacation Pay?
    Hi my husband has worked his way up to plant manager about 7 years ago. He has been with the company for 20 years now. Ever since he has been plant manager he has not had a vacation that the company offers of 1 week. The only vacation he got was about 5 years ago they sent us on a vacation but it had to be the week between Christmas and New Years. That's the week the plant shuts down. He gets holiday pay and no sick days. So he'll use vacation days for that. He gets the one week at Christmas time only but not the extra one that is offered. His boss says the same thing that they need him. Not only that but since they do offer it they used to be able to cash it out. Now they can't.
    We have lived the past 20 years not being able to plan anything because we never know when he'll be home.
    Being plant manager he is the only one that can't take that vacation. Since we are only 15 min. from his work, I have asked him to ask his boss to let him take his vacation and go in in the morning and set things up. Plus he's only a phone call away. We wouldn't be able to go anywhere but at least he wouldn't have to work for a week at a job that has mandatory overtime.
    I am grateful for the job. But he needs a break. He works between 60 to 80 hours a week.
    My question is if they offer a vacation, do they have to follow through. My husband said he's saving them up in case he ever looses his job then he'll cash them in. Can he do that too?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #2

    May 13, 2008, 07:02 AM
    Vacation time is not regulated by any Federal government rules. It is considered a benefit that the employer extends to the employee.

    Some states due have rules on the payment of vacation and how it is earned. Some states also have rules and what must be paid upon termination.

    I hope he is keeping good records of the time that he has not taken for sick day and has due him for his vacation.

    If you care to tell me which state you are in I can let you know what the state rules are on vacation.

    Shirley
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #3

    May 13, 2008, 07:13 AM
    If it's in his benefits that he has a week of vacation time a year, then they can't really stop him from taking it. However, nothing says that he HAS to take it. So, if he doesn't, the company is likely to say it was his choice. Also, if the company policy is that vacation time doesn't accumulate, then he won't be able to sue for it. This should all be spelled out in whatever policies his company has. Also, it's not illegal for a company to give you a pool of "personal" days and not bother to split them between sick days and vacation time.

    Now, if he's not going on vacations because he feels like the company won't survive without him... it will. You may want to start easing them into the idea by taking some three day weekends. Then four days (especially good if you take a company three-day weekend and tack an extra day on it.) He should have a second-in-command that can cover the daily stuff for him. If he doesn't, this is the time to start training someone.
    Shanni4's Avatar
    Shanni4 Posts: 25, Reputation: 4
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    #4

    May 13, 2008, 07:49 AM
    Thanks for your answers. It's his boss that won't let him go. There is a second in command but the boss wants only my husband. He knows that place inside/out. The boss has a hot temper. And would just make things hard for him. It's hard to explain, without revealing too much he has done things for us. So he's not all bad. Shirley I'll pm the state to you if you like. Froggy, He had to take a few days at one time for his sick mother. It wasn't pretty. I've pretty much lived my life knowing we hardly ever see him. My husband also likes his job. He does the hiring but I don't think it would be up to him to hire an assistant plant manager.
    I'm grateful for the job, but sometimes the vacation thing bothers me. Especially since he's getting older. He really could use that week.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    May 13, 2008, 08:16 AM
    Is this a small family owned company or part of a larger firm. Is there an employee handbook that spells out time off?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #6

    May 13, 2008, 08:31 AM
    Shanni, I only need the state, not the city or anything, I could at least tell you what the state rules are.

    It won't do any good if your husband is not going to ask for the time because his boss is intimidating. I totally understand where your husband is, I have had boss's like that. You have to work with them and around them and when they are angry or upset with you than it is very unpleasant. What happens is you avoid upsetting that boss at all costs.

    It is too bad that he can't explain to the boss that if he doesn't let him have some time off to get away from the job his health may suffer and than he won't be there at all. This is not the kind of boss you can explain anything to. My husband never quite understood it either, but sometimes the less said the better it is for you at work.

    If I were the employees I would get everyone together and go as a unified force to the owner of the company or whomever is over the boss (everyone has a boss, even the boss) and let him know what is going on. The boss may be ousted. We did that not long ago here and now we have no CFO at all, the Finance Department is just running things.

    Can't help you with that problem, but could tell you what the rules are. After 25 years in Human Resources I can usually find the rules.

    Shirley
    Shanni4's Avatar
    Shanni4 Posts: 25, Reputation: 4
    New Member
     
    #7

    May 13, 2008, 08:50 AM
    The boss is the owner and it's family but a large family business. It' is also to the point where he won't ask anymore. We would also have to look into the handbook. I never thought of that. A united front would get a lot of people fired. Even if he was entitled to the vacation. I doubt my husband would push it. Maybe it is better to let it go. Thanks for all your help!
    Treeny's Avatar
    Treeny Posts: 229, Reputation: 20
    Full Member
     
    #8

    May 13, 2008, 09:34 AM
    Quote Originally Posted by Shanni4
    Hi my husband has worked his way up to plant manager about 7 years ago. He has been with the company for 20 years now. Ever since he has been plant manager he has not had a vacation that the company offers of 1 week. The only vacation he got was about 5 years ago they sent us on a vacation but it had to be the week between Christmas and New Years. Thats the week the plant shuts down. He gets holiday pay and no sick days. So he'll use vacation days for that. He gets the one week at Christmas time only but not the extra one that is offered. His boss says the same thing that they need him. Not only that but since they do offer it they used to be able to cash it out. Now they can't.
    We have lived the past 20 years not being able to plan anything because we never know when he'll be home.
    Being plant manager he is the only one that can't take that vacation. Since we are only 15 min. from his work, I have asked him to ask his boss to let him take his vacation and go in in the morning and set things up. Plus he's only a phone call away. We wouldn't be able to go anywhere but at least he wouldn't have to work for a week at a job that has mandatory overtime.
    I am grateful for the job. But he needs a break. He works between 60 to 80 hours a week.
    My question is if they offer a vacation, do they have to follow through. My husband said he's saving them up in case he ever looses his job then he'll sue for them. Can he do that too??
    Wow has it been that long!
    l341972's Avatar
    l341972 Posts: 8, Reputation: 2
    New Member
     
    #9

    May 13, 2008, 09:56 AM
    Man I need a vacation boss.I know you need me but so does my family if you can't get that regardless of how much you have helped us,you don't own us.IM TAKING A VACATION WITH MY FAMILY>ILL BE BACK NEXY MONDAY.plain and simple.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #10

    Jun 11, 2008, 05:29 PM
    I don't know any places that you can accumulate vacations and take them all at once.
    My cousin worked for the City Parks and he thought he could do that and ended up fired.
    I have known other people that have tried that too and it didn't work for them either.
    If they are not allowing him to take his vacations then he needs to check with a lawyer on his rights and what his options are.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #11

    Jun 11, 2008, 06:24 PM
    I will be blunt, having worked in corporate america for years in the past. He is not getting and taking one, because he has not stood up and said he was taking one. He picks his time ( perhaps even two days before a three day weekend and another three days sometime else at worst.

    But he tells them he will be off, gives them notice ahead of time and takes it.

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