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Employment Law/Differing Vacation Policies


We have just acquired the employees of a 23 year business partner through an acquisition. Our intention upon hiring is to avoid any impact to the newly hired employees. The majority of the employees we hired are salaried - exempt (pilots) and have a 12 hour 7-day on, 7-day off work schedule. We've run into an issue in moving the pilots over to our vacation program. They have been accustomed to 2-weeks vacation with each week equating to 84 hours. I guess this was set up this way because of their 7-day schedule. We go by hours, which would not work for the pilots because they would use all 80 hrs (2 weeks) in their one week cycle.

We've considered keeping their vacation program in place because of the unique nature of their schedule. While I understand that the DOL does not worry about an employer setting their vacation policies, I have heard that we should be careful in treating employees the same. Does this apply in this unique scenario?


If these are the only salaried pilot you have it should be fine. You are allowed to give different time to different departments with no problem. Some states do have vacation laws, some states do not. The Federal Government does not.

In a manufacturing plant for example the office staff may get two weeks a year and the manufacturing staff my get 8 hours a month. The Admin or officers might get 4 weeks a year.


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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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