Must You Lose Vacation Time When You're Busy at Work?

By Lindsey Novak

December 31, 2015 5 min read

Q: I get two weeks of vacation time yearly, but rarely get to take it. My boss has never ordered me to not go, but has made it very clear of the hardship it would cause if I left at that time. A friend told me I should demand the vacation pay even if I can't take the time off. I've thought that my boss would have suggested it if it was possible, since no one would willingly give up the vacation pay if they had a choice to collect it.

A: Generally, medium- and large-sized companies pay close attention to the labor laws regarding vacation benefits for their employees. While no federal law dictates that private sector employees should receive vacation time and pay, most companies offer paid vacation time to remain competitive in the job market. Benefits may be secondary to the type of work the job requires, but benefits could be the deciding factor in whether an employee accepts a position.

State laws, when they exist, "govern how employers administer vacation time, including whether and how much employees must be paid at termination for accrued but unused vacation," according to Business and Legal Resources. Employee handbooks become a contract between the employer and the employee, and they play a crucial role in how employers treat and rule on various situations regarding vacations. Companies must know their state's laws when developing such comprehensive policies covering eligibility, accrual, carryover, forfeiture, administration, and vacation pay on termination, so don't take the handbook lightly. Refer to it regardless of what you feel or think your boss wants you to do regarding your accrued vacation time.

Employees that work for a small, casual company that has never issued a handbook will have a more difficult time. For example, in California, if a vacation is promised, it must be granted. According to BLR, "California law says that an assurance of paid vacation time, whether made in an employee handbook or given orally, or simply a matter of consistent practice, under most circumstances, constitutes a binding and enforceable implied contract." Florida courts have ruled similarly, while New York law adds that a binding promise does not require a formal employment contract.

HAVING ONLY ONE'S JOB IS NOT ENOUGH TO MAKE A LIFE

Q: My typical day is 10 to 12 hours as an IT manager. I take care of special projects and problems and have to solve them immediately. I get up at 5 am to get ready and drive 45 minutes in good traffic to get there by 7. If there's an accident or delay of any kind, I might arrive by 7:30 or 8, and when I check in, so much has gone on from the late shift that I'm already behind. I make $80,000 a year, but I support a family on that, so I am not able to or ready to retire.

I often hear people from other companies complaining about the pettiest things. I don't interrupt to tell them what things are really important, and I don't want them to think I am complaining in case conversation gets back to my boss. Please suggest realistic ways to release my frustrations so it doesn't build.

A: You need a hobby that excites you. When people have no outside interests, sometimes they have to force themselves to try different activities. Rather than the typical yoga class or reading group, consider starting a blog as a therapeutic way to release whatever anger or frustration has built up for the day, and don't worry about gathering a following. Many blogs are nothing more than personal journals, but if it makes you feel better, it will be worth the time. Your goal is to release negative thoughts so you can start each day anew. It's less expensive than seeing a counselor and you may come to enjoy it and your job more than before.

Email your questions to workplace expert Lindsey Novak at LindseyNovak@yahoo.com and follow her on Twitter @TheLindseyNovak. To find out more about Lindsey Novak and to read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Website at www.creators.com.

Photo credit: David Wilson

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