Can my employer dock earned vacation from salaried employees for clocking out before set ‘core hours’
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Can my employer dock earned vacation from salaried employees for clocking out before set ‘core hours’
I work in Maine for a government contractor. My employer has started docking
earned vacation from salaried employees for clocking in late, or clocking out
early. They are basing this off of ‘core hours’, which they just enacted. They
are docking the vacation at a rate of .1 hours for every 1 minute late/early 6
minute for every 1 minute. As an example, I clocked in 20 minutes before the
‘core hours’ start time and accidentally clocked out 1 minute early. They docked
.1 hour from my vacation time, even though I clocked in early. Is this legal?
Asked on October 18, 2016 under Employment Labor Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
While unusual, it appears to be legal. A salaried employee's base salary cannot be docked, but that protection does not extend to vacation time. Employers do not need to provide any vacation at all; it is voluntary on their part to give employees vacation. They are accordingly free to set the rules for how vacation time is accrued, and may include a provision docking it for missing core hours, so long as that provision is made known to employees.
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