Can my employer require me to use vacation hours to cover hours that are paid on an overtime basis?
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Can my employer require me to use vacation hours to cover hours that are paid on an overtime basis?
My work week start Saturday at 6 p.m. and ends Saturday at 6 p.m. I work a 12-hour shift. One week I work Monday, Tuesday, Friday and Saturday This results in a 48-hour week. The next week I work Sunday,Wednesday and
Thursday resulting in a 36
hour week. If I take
vacation on the 48-hour
week my employer requires
me to use 48 Hours of
vacation to cover the
scheduled hours. Meaning
I’m using straight time
vacation hours to cover
overtime. I only get 40
hours per week of vacation.
This is in Ohio.
Asked on February 21, 2018 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
That is legal. Vacation time is needed to cover the hours you would have normally worked (but took vacation for), regardless of what you would normally be paid for that time: i.e. ignoring overtime, shift differential pay (if any), weekend pay (if any), etc. It is simply that you must use one hour of paid time off to cover each hour of work you would have been scheduled for but missed.
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