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I had a verbal agreement with the owner of the company that in 2007 I would get 5 sick days and 10 vacation days with pay. He...

I had a verbal agreement with the owner of the company that in 2007 I would get 5 sick days and 10 vacation days with pay. He...

Full question:

I had a verbal agreement with the owner of the company that in 2007 I would get 5 sick days and 10 vacation days with pay. He is now trying to use Memorial Day, July 4, and Labor Day as "vacation days", when in fact the entire company was closed on those days. What recourse do I have?

Category: Employment
Date: 04/07/2025
State: Indiana

Answer:

The Fair Labor Standards Act (FLSA) does not require payment for vacations or holidays (federal or otherwise). Holidays and vacations are generally a matter of agreement between an employer and an employee (or the employee's representative). If you don't have a written contract, the definition of a vacation day will be a matter of interpretation for the courts.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the exempt vacation policy?

Exempt vacation policies typically apply to employees who are not entitled to overtime pay under the Fair Labor Standards Act (FLSA). These employees often receive a set number of vacation days as part of their compensation package. The specifics of the policy can vary by employer and should be outlined in an employee handbook or employment agreement. It's important to review any agreements made with your employer regarding vacation time, as these can impact how vacation days are counted and used.

What is standard vacation and sick time?

Standard vacation and sick time policies vary by employer and state. Generally, full-time employees receive around 10 to 15 days of vacation per year and 5 to 10 sick days. However, these benefits are not mandated by law and are determined by company policy or employment agreements. Always check your employment contract or company handbook for specific details on your vacation and sick leave entitlements.

What is the average PTO and sick days in the US?

On average, U.S. employees receive about 10 days of paid time off (PTO) annually, which can include vacation and sick days. Many companies also offer additional sick leave, typically around 5 to 7 days. However, these averages can vary significantly based on the industry, company size, and employee tenure. It's essential to understand your specific employer's policy regarding PTO and sick days.

What happens to vacation days when a company is sold?

When a company is sold, the treatment of vacation days can depend on the terms of the sale and the new employer's policies. Typically, accrued vacation days may be honored by the new company, but this is not guaranteed. Employees should review their employment agreements and any new policies introduced by the acquiring company to understand how their vacation time will be managed post-sale.

What is a normal PTO policy?

A normal PTO policy often combines vacation days, sick leave, and personal days into a single pool of time off. Many companies offer between 10 to 20 days of PTO per year, depending on factors like tenure and company size. Employers may also have specific rules about how PTO can be accrued, used, or carried over from year to year. It's important to check your company's specific PTO policy for details.