Paid Vacation, Holiday, and Sick Leave. Did You Know? Contrary to popular belief, employers are not legally obligated to pay for vacation, holiday or sick leave to their employees, under the Fair Labor Standards Act or FLSA. This type of pay is given at the discretion of employers. Most often, employers do offer paid vacation, holiday and sick leave policies to attract and retain valuable employees in a competitive job market. If Offering Paid Vacation, Holiday, and Sick Leave Employers that choose to offer paid vacation, holiday and sick leave should form policies that meet their staffing needs. These policies should be clearly stated to employees, and in most instances, be outlined in the employees' handbook. Employers should include provions that: Apply the policies consistently to all employees (to prevent unfair treatment) Require employees to schedule leave in advance (if possible) by setting a fixed time fame which would allow employers to meet temporary staffing needs Adopt a sensible vacation time accrual policy to allow employees to take longer vacations, but with a reasonable cap Discourage misuse of sick leave
In addition, some states require employers to pay out unused vacation leave to departing employees. These states include California, Illinois, Iowa, Louisiana, Maine, Massachusetts, North Carolina, Oregon, Rhode Island, and Tennessee. Do I Need a Lawyer if I Am an Employer? An employer can potentially be liable for many things and an employment lawyer can help protect your business and the wages employees are entitled to by advising you of the laws in your state. |
