What happens to vacation time when you are switched to salary after working at a company for 3 years?
Feb 08
Ashley Fabulous asked:
I live in Alberta, and I have been working at my job for 3 and a half years, and for that time I have been an hourly pay employee. I just took a vacation and got paid vacation pay, and then I was informed they were switching me to salary. I got a call from my accountant telling me that I can’t have a vacation, until September 27th, 2008 (one year from now, so a whole year without a vacation) because I have to be on salary for a year before I earn it. Is this right? Even though I’ve been there, in the same position for 3 years?
After reading a reply, I figured I would add that the last vacation I took was 5 days, and the only vacation I took this year when we are allowed 2 weeks.
Tour guide
I live in Alberta, and I have been working at my job for 3 and a half years, and for that time I have been an hourly pay employee. I just took a vacation and got paid vacation pay, and then I was informed they were switching me to salary. I got a call from my accountant telling me that I can’t have a vacation, until September 27th, 2008 (one year from now, so a whole year without a vacation) because I have to be on salary for a year before I earn it. Is this right? Even though I’ve been there, in the same position for 3 years?
After reading a reply, I figured I would add that the last vacation I took was 5 days, and the only vacation I took this year when we are allowed 2 weeks.
Tour guide
It doesn’t sound right to me. Kinda crappy! It’s probably their way outta paying what they owe people. Call a lawyer and see if it’s legal in your state.
Sounds about right to me. Generally you have to work for a year to earn a vacation and since you just took one and got paid for it (you earned it over time) you now have to earn your next paid vacation time. You can always ask for a LOA (unpaid leave of absence) if you need time off before then.
I think it depends mostly on how the company sets up the vacation accrual process. You got 2 weeks, but only took 5 days, which leaves 5 remaining right? Does that time expire after your anniversary date? Did your hire/anniversary date change because your pay changed? Does it roll over into the new year? If the first- oh well, you lost it. If the second and you can continue to accrue time, then you should be able to have 5 on the books and with a year passed 10 more.
I don’t think the accrual process whether your hourly or salary matters ( California here). The company standards, are just that- standards. It should not vary based on your pay scale.
Go to HR. or.. company/employee handbook
If that company was your sole source of income for 3 years and they provided the tools and managed your activities and your time then you are an employee and should be treated as such. That’s a federal description from CRA.
Did your employer remit EI, CPP and income tax on your behalf?
Either way you should negotiate holidays before signing the new agreement.
According to Alberta employment standards you are eligible for 2 weeks paid vacation every year. See link below.