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Employment law question -- vacation/sick time



g_dukowitz@hotmail.com (Gretchen Dukowitz)
8/27/2003 7:08:18 AM


Hello,
I have a question about the vacation time I've accrued at my job. I
work for a non-profit organization in New York City. For over a year,
they had me working as a "temp" (e.g. I would work 40 hours a week,
but they didn't want to give me benefits--or go through the trouble of
taking taxes out of my paycheck--so they called me a temp). When it
came tax time, I obviously was left in the lurch, so I requested to be
put on payroll (which they did, after I pointed out how clearly
illegal it was to treat me as an independent contractor, a 1099
employee, when I was actually full time). Now they've hired me in a
new position, have given me health benefits, etc., but they're saying
that my vacation and sick time won't carry over to my new position. I
have a pay stub from 8/15 that shows nearly 40 hours of vacation time,
and 11 hours of sick time, but now that I'm in a "new" position, I
have to start over. Can they do this to me? Was it right for them to
deny me vacation time when I was still a "temp"? That is, how can I be
a full time employee, on their payroll, but yet not get all of the
same benefits (e.g. being able to take the vacation time that I've
accumulated) as other employees? What should I do?
Thanks,
Gretchen
g_dukowitz@hotmail.com
 
 
g_dukowitz@hotmail.com (Gretchen Dukowitz)
8/27/2003 12:11:57 PM


A clarification: There has never been any written agreement about my
work status. They have provisions for temp, part time, and full time
workers in their handbook, but they say that all temp employees shall
be governed by a written agreement, which I never got. All I know is
that I work that same hours as everyone else, I've accrued vacation
time that is noted on the bottom of my pay stubs like everyone else,
but I was not allowed to take that vacation time, and now that they've
put in a different position, the time I've accrued will be erased.
Gretchen
 
 
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