Vacation policy

shandy · August 2006

Hi everyone! This is my first posting so bear with me. I'm HR Benefits Coordinator for a physicians' group in coastal SC. I don't just have a question, I have a dilemma.
Our Policy Manual's vacation policy states only 80 hours of unused vacation time can be carried forward each year. It was brought to my attention that one of our "key" executives (exempt of course, but not contract protected) had carried over 91 hours. This person gets 5 weeks vacation plus 1 week pto, awarded but not documented in the personnel file. Our HR manager implemented the award of time and administrates the web-based program that tracks this benefit. Also has control of whether the hours are reduced at the beginning of each year. (Again, no policy in place and no one supervises the activity or decision.) This person is also my direct supervisor with long, close ties to the CEO AND the exec in question. The person who brought this to my attention is a 2-yr employee in a protected class. I know that vacation is an agreement between employer and employee, but once it is written in a policy manual, doesn't inconsistent administration open us up for discrimination charges of some type?
The dilemma, of course, is I can't take this to my supervisor because of the personal relationship between the two and it would be career/political suicide to approach the CEO about this manager.

Boy, do I need help!

Thanks (sorry for the length!)

bcolton · August 2006

Tough one to answer and also tough to understand. I am not sure of the size of the orgainzation and many other factors. However, if an employee complaint is made, I believe you have an obligation to bring it to the attention of your boss, regardless of any relationship. I would bring it to his (your boss's) attention assuming that he is unaware of it and go prepared with a solution.

As I have said so many times before, It never becomes a problem until it becomes a problem. What, in effect, your organization is doing is creating a 91 hour policy. If you try to restrict an employee tot he 80 hours they can complain that you are treating them differently because of their protected class membership.

shandy · August 2006

Thank you. I guess I knew that was the answer, but I sure don't look forward to the conversation. As for our size, we have approximately 200 employees in 6 locations so if the employee talks to others, it could get really ugly for the ones enjoying the extra days. This exec isn't the only one, but as far as I know he's the only one the protected class employee has seen records on...and that's a whole 'nother issue!

Thanks again.

atrimble · August 2006

I'd approach the person who is most likely to take action. Take them a hypothetical question based on your "periodic review of personnel records." I'd ask what they would do for a regular (protected class) employee if this type of error was discovered (probably jerk it away/wipe out the extra hours). Then I'd ask if they would bend the rules for higher level employees. I'd lead them to the right answer or solution.

We've recently gone through a somewhat similar situation. New CEO brings in old crony and won't budge on the pay rate but instead gives an extra week of vacation as an added benefit. Six people threw a hissy fit when they found out. Of course, I'm in the benefits coordination business, so here I am trying to justify the CEO's behavior to the front line employee, while telling the CEO that he's shooting himself in the foot. Not a comfortable position to be in. I couldn't change this situation, but I wish you luck in yours. You may want to suggest a short period of time (30 days?) during which this overly benefited employee can use as many of those hours as possible, before they're forfeited under policy.

ritamcguire · August 2006

Before approaching your boss with this problem, check your data files and determine how many other employees have carried over more than 80 hours. In a company of ~200, I would guess not more than a few have a similar problem. This info will help you present your case more objectively, so that it doesn't appear that your just getting on your supervisor's case. It will appear to him/her that you are looking at a company wide problem.

ray a · August 2006

While I agree with the others who caution against allowing the extra time for this executive, realistically, top level executives often get perks that the rest of us don't receive. Vacation can be one. When we hired our VP several years ago, I was told by my boss in Corporate to maintain an attendance record on him. Well, he took as much vacation as he wanted whenever he wanted. Later it was implied the CEO told him up front he could do that, that the regular vacation policy didn't apply to him. I stopped keeping an attendance record on him.

yakley · August 2006

Our Employee Handbook is a "guideline" only - we do nothave protected classes, but we have issued waivers to the guideline based on supervisor discretion, espectially for executive, exempt EEs.

E Wart · August 2006

We have an area of the country that in order to get experienced employees, we have to go "outside" of our vacation schedule. However, what I have encouraged the Manager to do is have them apply the vacation schedule as usual (no carry over allowed.) However, if they must, they can give more personal time. (40 hrs carry over allowed). Also, as employee gains vacation time off, their personal time decreases. Pers. Time is not paid at termination. I also have a "chart" that is given to the new employee that shows how much time off he has in each category until he "is under the company policy". This is put in their file. That way, if something happens to me and the GM, our replacements will know what to do. I also refer to this each year when setting up the time off for each area.
As far as the other people "finding out". I feel like saying, it is none of their business (espeically if they were dumb enough not to negotiate their own time off program.) But really, if you have someone who has a position/duties that has access to this information, they need to be told that part of their job is being able to handle confidential information. Sometimes, they don't need to know why things were done, but just that they were.
Good luck.
E Wart

shandy · August 2006

Great advice. Being only 3 years in HR, I sometimes feel a little timid about stating the obvious...(just that it was done, not why) and you are right on the nail head. The protected class employee is in payroll. Thanks!

SMace · August 2006

I agree with Ray and would also add that you should ALWAYS talk to your boss about these situations. No one else.

Open1 · August 2006

Except us! xhugs

Vacation policy

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