I have already put in 40 hrs into this pay period and I need to take time off this week. Can my employeer make me take my vacation time even though I have put in my 40 hours for this work week?

Hi, Lisa...your use of time will depend on some facts related to both the Fair Labor Standards Act (FLSA), to your employer's own payroll administration rules, and the difference between comp time and vacation. For example, if you are an employee covered by FLSA (non-exempt), then if you work more than 40 hours in a workweek, you are paid overtime. If you get paid weekly, your employer may be able to give you comp time off in the same week. If you get paid biweekly, your employer may be able to give you time off THE SECOND WEEK at 1 1/2 times the number of OT hours you worked in the first week. You should be able to get the rules, as well as information about your employment status from your personnel office or payroll office.

P.S.you can read more at http://www.dol.gov/elaws/flsa.htm


[This message has been edited by [Pat M] (edited 05-04-2000).]

You should check out State laws also. For example, California has laws regulating vacation pay plans.

Check state law- it does not matter if you are exempt or non-exempt, if you are regularly schedule to work on the day you are wanting off- your employer may insist you take a vaca day (this reduces accrued vaca on the books)OR depending on your leave policy... ask for a day w/o pay (you're at 40 so ...

but typically the answer will be yes