Employment Law/Vacation pay


I work for a company based out of California, but my job is here in Texas. I have worked for this company for a year and was approved a one week vacation by my immediate supervisor. On the second day of my vacation, my supervisor called and advised me I was not qualified for my vacation because the company policy stated that the first 90 days was a probationary period, therefore I wasn't eligible. I went back and looked at this company's policy and it states there is a 90 day probationary period but that is for the California statues not Texas.Needless to say, my one week vacation was cut short. Is there anything I can do to get this company to pay me for the days I was off? Thank you, David Trail

I do not know of a way you can be paid if the company policy states a 90 day probationary period. The probationary period is a company policy and it will be over all employees unless you have a different policy in Texas written specifically for Texas by the company. If not the California policy will be for all employees.

Your supervisor should have known the company policy so she is also at fault. Perhaps what you could do is talk to the supervisor and see if you can borrow those two days from the time you will receive after your 90 days. This way you will be paid and it will still be the vacation you would have taken had there not been a 90 day probationary period.  She simply would pay you for the days now as regular pay and than count two regular worked days after the 90 days as vacation time. How the timecard is sent in will be how you are paid.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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