Firm made an error on vacation accruals and is changing them. What can I do?

My employer found a mistake on their vacation accruals and that we've been earning double the amount of vacation. We have an employee in our firm that submits our payroll and I feel like this is an error on her hands that should have been discovered. 

Anyway, per my company's policy I took 40 hours of advance accrual when I had my baby since they had no maternity leave. Therefore, my intent was to have -40hours of vacation I had to owe back by working. This was agreed by my firm.

A month later, our payroll/HR specialist said that our accruals have been doubled by accident and that our next paycheck will reflect the true amount of our vacation. My next paycheck says I am now -80 hours of vacation. 

I'm not entirely sure I can do anything about this, but it seems so absurd that they can just say that they messed up accruals and now it's been fixed, deal with it. At the very least they should provide a reconciliation of the accruals so we know now it is in fact correct. 

With all that has been happening in the firm, I've decided to leave and I want to put my notice in. Our employee handbook says we have to pay back negative accrued vacation. That would mean they would take an entire paycheck for the vacation. 

Also, if I had known about this error I wouldn't have taken all that time off for maternity leave and came back to work sooner. Seems a bit unfair..

Any advice? Should I confront my employer? What should I say?

5 Answers

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  • NA
    Lv 7
    2 months ago
    Favorite Answer

    Your situation is unique.  Unless they intend to KEEP crediting you with 2X your vacation, charging you 80 hours *in advance* when you only took 40 hours *in advance* is just plain wrong.

    Talk to your manager and ask him to have this fixed manually.

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  • Judy
    Lv 7
    2 months ago

    Sorry, but you don't have a leg to stand on. If it was an error, they can correct it. And YOU should have known anyway that it was an error. You don't keep track of how much vacation you have? Very unusual.  It's fair though to ask how the numbers were calculated.  You said you only took 40 hours of advance vacation time - where did the -80  come from?

    • NA
      Lv 7
      2 months agoReport

      Someone got the bright idea to fix the error by charging double when people actually took vacation.  The poster's issue is that in the future, they plan to accrue the correct amount of vacation time and her employer has her owing double.

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  • Anonymous
    2 months ago

    I find it hard that someone who knew how much vacation they accrued each year didn't notice a 2x accrual rate.  If they had been giving you only 1/2 your vacation, people would be all over them in no time.

    • Harley C2 months agoReport

      I think I would have in different circumstances. We accrue vacation per our hire date at one week for the first year and two for the next year. I knew my accrual would double when my work anniversary hit. But I don't sit and look at each of my paychecks and calculate the accrual rate. 

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  • 2 months ago

    You should have known this was happening.. you can't make them pay you for time you should have known you didn't have.

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  • Anonymous
    2 months ago

    Legally, NOTHING.

    Neither Federal nor State laws require vacations be paid.

    Unless you have a contract covering the subject, there is no standing, either for vacations or holiday pay.

    You may of course seek advice from a Lawyer, or State Labour Department: Wage & Hour, Employment Advisor.

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