Questions and Answers
I am an exempt salaried employee in the state of California. My company has changed their policy to deduct vacation time from any day worked less than 8 hours. For instance, if one day I worked only 7 hours, 1 hour of vacation time would be deducted from my accrued amount. This is a problem for me as some days I will work 8-10 hours per day and 7 the next day.
Is this legal? I always work above 80 hours per two weeks, so I am not cheating my company, but any day less than 8 hours I am docked, even if it is made back up in the same pay period.
I would like some links to law regarding the legality of vacation deductions in instances like this.
But what about the stipulation that if you do ANY work during a week you are to be paid for that week as a salaried employee? How is it legal to "convert" those hours for any unpaid work into vacation time?
Vacation is a BENEFIT. They can do WHATEVER they want with it. It is perfectly legal for them to completely STOP vacation pay all together. The ONLY thing that the law is concerned about with vacation is that when you leave your employer, you MUST be paid out any unused vacation accrued. That is it!
I have been working at a restaurant as a server for a year and 3 months now. If I was to claim my vacation pay for the first time, does the vacation pay start from when I was first employed? Or do vacation pay expire and I have to start over again?
If you have a source please let me know as well!
Vacation pay regulations in Canada are not as straight forward as many Canadians might think. Each province has different rules and regulations with regard to the amount of vacation pay and time each person can take.
We dug through the government jargon and have prepared a guide to help provide Canadians with what they really want to know about vacation pay.
This guide is based on employers who are governed by provincial employment laws and not federal, this accounts for roughly 95 per cent of all employers in Canada.
Starting off with the basics, every province in Canada entitles an employee to vacation time after working for 12 consecutive months of employment. The amount of time off an employer must grant their employees is two weeks in every province apart from Saskatchewan (which offers 3 weeks) and Quebec (which offers one day per month).
The amount of vacation an employee is entitled to is governed by the firm's own policy, with a minimum amount prescribed under the employment standards legislation in each province," said Howard Levitt, Counsel to the national law firm Lang Michener. "In Ontario, it is 2 weeks per year, no matter how long the person is employed, unless the company, in its generosity, decides to have a policy to provide more."
In terms of vacation pay, many provinces calculate vacation pay from the first day an employee is working to the day they leave the company. Employers calculate four per cent (except in Saskatchewan where it is six percent) of each pay cheque towards vacation pay, unless they wish to give the employees more.
Some provinces increase the minimum amount of vacation pay an employer is required to give after a certain period. The table below shows the differences between provinces.
Alberta- Vacation time starts from first day/After 5th year-3 weeks
Where a lot of confusion occurs, is if an employer has the power to instruct their employees when they can take vacation. Simply, employers have the final say as to when an employee can go on their vacation.
"An employer has the right to manage its business as it deems best, and that includes setting the hours of operation and assigning vacation time for employees," said Robert S. Greenfield, employment lawyer for Heydary Hamilton.
Of course an employee can ask for certain times in the year, and more often than not, an employer will accommodate the employee, but in the end they do not have to. The final decision lies with the employer.
"Unless an employee has a contract stating otherwise or there is a workplace policy covering vacation time, the employer has the ultimate call about when an employee may take their vacation," said Greenfield. "However, once an employer tells an employee he or she can take time off, the employer could face consequences for revoking the decision later on without very good reason."
In workplaces where the employees are part of a union the way an employer goes about granting vacation time may change.
"In unionized workplaces there is usually a system in place based on seniority and employers in such workplaces may have an obligation to not act unreasonably in deciding whether to grant vacation requests," said Greenfield.
Does Yahoo provide a reply e-mail to those e-mailing me that I am on vacation wih the return date?
You need to create a vacation response.
How do I create a vacation response?
You can have an automatic response sent to anyone who sends an email to your Yahoo! Mail account by setting up a Vacation Response. This feature is accessible from the "Mail Options" menu (the link for "Mail Options" is located on the top right-hand navigation bar).
To setup a Vacation Response:
1. Set the duration of the message. Enter the starting date of your vacation in the "Start Date" field and the end date of your vacation in the "End Date" field. For example:
2. Write a generic note of up to ten lines that will be sent out to anyone that writes to your Yahoo! Mail address while you are away.
Optional: You can also write a special note that will only be sent to specific domains. For example, if you have family members that have email addresses with IBM, you can send a more personal Vacation Response to any incoming messages from "email@example.com." Set up that special message, and then go to the bottom of the page and specify the domain(s) that you want the special response to go to.
3. When you are completely done, click on the "Turn Auto-Response On" button and your Vacation Response will be activated.
4. When you return, if you would like to stop the Vacation Response message from being sent, simply go back to the Vacation Response page and click the "Turn It Off" button to deactivate the response.
Please note: When a user writes to an account with an active Vacation Response, they will receive only one response, no matter how many times they write to that account.
Vacation – Trailer