Question:
Can they deny all employees vacation and personal time?
anonymous
2013-07-09 15:35:57 UTC
I work in a nursing home and right now we are experiencing a low census (a low amount of residents). They just posted a flyer at work stating that during low census times all employees are not allowed to use vacation time or personal time. Is this really legal? I have requested some time off in August and am quite upset that I might not be able to take my vacation. I live in Washington btw.
Three answers:
monique
2013-07-13 09:52:31 UTC
I would think that if the census is low, they wouldn't balk at employees wanting to use their vacation time or personal time. Odd! I worked in a nursing home and it had a low census as well. Employees were more likely to be sent home, then told they couldn't use their personal time or vacation time. It isn't against the law for them though to not allow employees time off.



"The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative). " http://www.dol.gov/dol/topic/workhours/vacation_leave.htm



Having worked in a low census nursing home, it was definitely a low census home for a reason.....it may be time just to move on. If you find another job, they will be required to pay your vacation/personal time in your last paycheck. Some nursing homes are better than others when it comes to staff morale and how they treat staff. I have been in nursing homes that really treat their staff poorly, to include during inspections making staff stay as late as the surveyors....even if staff have family responsibilities or other things they have to do.
The Oracle of Omigod
2013-07-09 22:38:30 UTC
That's odd - during a low census I would think they would encourage people to take accrued vacation. My only conclusion is that they are experiencing monetary troubles.
SkepDick
2013-07-09 22:37:40 UTC
unless you have an employee contract to the contrary, it is perfectly legal.


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