Is it legal to give one employee vacation and not the other?
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Is it legal to give one employee vacation and not the other?
I recently started my job as an analyst at an investment bank a couple of months
ago. I was told that I am not entitled to vacation until I’ve worked here for a
year – then I get 2 weeks. However, my coworker, who is also an analyst, is
taking a trip to Italy in a couple of weeks. He started working here two months
before I did. I spoke to another coworker who told me she didn’t get vacation
until after her first year.
Among other things, there is unequal treatment between the two of us. Is this
legal?
Asked on April 8, 2016 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Not all employees need be treated the same or even fairly. The fact is that an employer can set the conditions of the workplace much as it sees fit. This includes who to give vacation to and when. The fact is that vacation time (or PTO) is not legally mandated, therefore an employer has a grerat deal of say over when it is taken, etc. The exceptions to this would be if your treatment constitutes some form of legally actionable discrimination (i.e. based on your race, religion, gender, disability, age, etc). Also, your employer's action cannot violate the terms of company policy or any applicable union agreement or employment contract.
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