Workplace Need to Vent about my Boss and vacation time!

jenniletv

O.G.
Aug 24, 2006
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So I just need to VENT! And possibly get some advice.

My background – I work for a solo attorney. I am his paralegal. I have been with him for 9 years (3 of those we were with another firm, the last 6 he has been on his own). The only other “employee” at the moment is the bookkeeper and that’s his wife. On occasion his college aged children will work on breaks from school but they are not too helpful other than to answer phones and file. So basically I am it and do most all of the “work”. I am allowed 2 weeks paid vacation a year and one week sick pay. That’s 15 days. I get raises usually once a year or every other year and usually 2 bonuses a year (depending on how well we did that year, etc.). Last year I had my son (Jan. 2010) and he only offered me three weeks of “paid” maternity leave and I was out 6 weeks. Basically I used all my vacation and sick time those three weeks I was “paid”. The rest of last year if I was off or had to be out it was without pay. This year has been different. I have only used 10 days of time off. So I have 5 days left. I knew this going into November and was looking forward to taking the week off after Christmas through New Years. It adds up to 4 days of time off since we are closed one day for Christmas and one for NewYears. I talked about it with him last month and officially wrote up my memo 10 days ago. Just for the record that week is always the slowest week of the year, always!!! He came to my office last week and said he needed to “chat” about my vacation request. Basically he’s freaking and thinking that emergencies are going to come up and he is going to need me. So he told me I could be off on the condition that if he calls and needs me to come in and work or handle something I will come in. I did not agree. In fact I said nothing and we sort of started talking about a client and that was it. Then the next day he signs off on the memo and puts “ok’d as discussed”. I was planning on going out of town Thursday and Friday that week. Yes we have a real estate closing that Friday but we are not handling it, in fact its closing in another part of the state, we are just preparing documents in advance for our client and sending them to the closing office. That’s it. I guess he is freaking because it’s the last week of the year and the what ifs and all that but to me its not fair. It basically means that yes I can have the time off but I have to stay in town and be by the phone to come in or handle something when he calls and that is just not right. I also would have to find a sitter on short notice for my son. I feel like I should discuss my feelings about this with him but my husband and MIL tell me I should not and just do what I plan to do that week. I don’t know….what would you do?? Sorry for the long story I am just bothered and feel taken advantage of.
 
So I just need to VENT! And possibly get some advice.

My background – I work for a solo attorney. I am his paralegal. I have been with him for 9 years (3 of those we were with another firm, the last 6 he has been on his own). The only other “employee” at the moment is the bookkeeper and that’s his wife. On occasion his college aged children will work on breaks from school but they are not too helpful other than to answer phones and file. So basically I am it and do most all of the “work”. I am allowed 2 weeks paid vacation a year and one week sick pay. That’s 15 days. I get raises usually once a year or every other year and usually 2 bonuses a year (depending on how well we did that year, etc.). Last year I had my son (Jan. 2010) and he only offered me three weeks of “paid” maternity leave and I was out 6 weeks. Basically I used all my vacation and sick time those three weeks I was “paid”. The rest of last year if I was off or had to be out it was without pay. This year has been different. I have only used 10 days of time off. So I have 5 days left. I knew this going into November and was looking forward to taking the week off after Christmas through New Years. It adds up to 4 days of time off since we are closed one day for Christmas and one for NewYears. I talked about it with him last month and officially wrote up my memo 10 days ago. Just for the record that week is always the slowest week of the year, always!!! He came to my office last week and said he needed to “chat” about my vacation request. Basically he’s freaking and thinking that emergencies are going to come up and he is going to need me. So he told me I could be off on the condition that if he calls and needs me to come in and work or handle something I will come in. I did not agree. In fact I said nothing and we sort of started talking about a client and that was it. Then the next day he signs off on the memo and puts “ok’d as discussed”. I was planning on going out of town Thursday and Friday that week. Yes we have a real estate closing that Friday but we are not handling it, in fact its closing in another part of the state, we are just preparing documents in advance for our client and sending them to the closing office. That’s it. I guess he is freaking because it’s the last week of the year and the what ifs and all that but to me its not fair. It basically means that yes I can have the time off but I have to stay in town and be by the phone to come in or handle something when he calls and that is just not right. I also would have to find a sitter on short notice for my son. I feel like I should discuss my feelings about this with him but my husband and MIL tell me I should not and just do what I plan to do that week. I don’t know….what would you do?? Sorry for the long story I am just bothered and feel taken advantage of.

Vacation is granted at the sole discretion of the supervisor/boss. Thus the employer has the right to determine when employees take vacations and for how long.

As for being "on-call", this is a good article to read. Disclaimer: I'm in California, thus the article is pertinent to my region. I would google "on-call vacation [your state]" to find out the info for your state specifically.
http://employment-law.freeadvice.com/employment-law/employment-law/california-oncall-work-policy.htm
 
As far as maternity leave. Maternity leave is a "disability" paid out through EDD not through the employer. You can use vacation and sick or PTO to subsidize the difference from your typical salary and EDD. By law (FMLA), employers are not required to give "paid" leave but they are required to offer leave. BUT FMLA only factors in if a company has 50+ employees.
 
Sorry you're frustrated, OP. I'm sure I would be too! Unfortunately, I think he's well within his rights. I think that the challenges you're describing are sometimes a risk when working for a smaller company but that's how it is.

Personally, I wouldn't use my vacation days that week if my plans would be compromised by staying in town and on call as required. I'd work the week and use the days another time when I really got them off in their entirety. And then I'd spend the slowest week of the year doing my nails, reading, and internet shopping on site.
 
Actually if the employee on maternity leave is paid her regular salary while on leave, it is the employer who pays, and really at the employer's discretion, not the EDD. The EDD is involved only if the employer is covered under California SDI and the mother files a PFL (Paid Family Leave) form with the EDD. Oh, and the EDD is only in California so this may not apply to OP anyway.

Anyway, that's not what the OP is asking.

OP, you may want to have a talk with your boss again, but not about your "feelings" as you put it. Outline the vacation days you have remaining and let him know your plans to go out of town have been set. Ask him what he wants you to do to ensure everything is 100% prepared for the work occurring during that week, and reassure him you will have it done. Perhaps you can offer to be "on phone call" if something does come up and he has questions. What was your vacation arrangement last Christmas/New Years (2010)? You might want to discuss the situation last year, citing it especially if nothing crazy-urgent came up then.

I can empathize with him since he's a sole proprietor he doesn't want to be seen as "dropping the ball" should his clients need his services. I don't think he's taking advantage of you, since he will likely be putting in the hours should something come up too.

However, if he is still adamant about you being on call those days, you might want to give in. Keep in mind he's your only reference should you decide to leave your job someday for another. You don't want to burn any bridges.

Good luck.
 
Yikes! I am glad I live in Canada where mat leave is guaranteed for one year.

Only two weeks vacation after nine years? Seriously? That is just miserly on his part.

I would not take that time as your remaining vacation or sick days if there is the real possibility you will have to go into the office.

If those are sick days remaining though, do you still get them just as time off even if you are not sick?
 
Sorry you're frustrated, OP. I'm sure I would be too! Unfortunately, I think he's well within his rights. I think that the challenges you're describing are sometimes a risk when working for a smaller company but that's how it is.

Personally, I wouldn't use my vacation days that week if my plans would be compromised by staying in town and on call as required. I'd work the week and use the days another time when I really got them off in their entirety. And then I'd spend the slowest week of the year doing my nails, reading, and internet shopping on site.

this is why at my old job I always volunteered to be the one person in the office on the day after thanksgiving. my boss was always convinced it would be a heavy call-volume day and someone needed to be there, so I'd come in, surf purse forum all day, relish in being alone in the office, and get to trade it for another day off whenever I wanted.
 
Thanks everyone for your input..the only thing is that if I do not take this time off I lose it, it does not carry over to next year and I will not get any compensation for it and I believe I am entitled to take this time off. I have never been off the week after Christmas ever. This would be a first for me.
 
Yikes! I am glad I live in Canada where mat leave is guaranteed for one year.

Only two weeks vacation after nine years? Seriously? That is just miserly on his part.

I would not take that time as your remaining vacation or sick days if there is the real possibility you will have to go into the office.

If those are sick days remaining though, do you still get them just as time off even if you are not sick?

Tecnically they are a mix of a few sick days and a few vacation days left over. And yes you can use them for vacation if need be. Its really like having three weeks off a year for vacation and sick time. My husband feels he is not going to call me. And I have let our main clients know my plan to be out (at my boss' request). They know we are a small firm and to expect delays in new referrals.
 
Actually if the employee on maternity leave is paid her regular salary while on leave, it is the employer who pays, and really at the employer's discretion, not the EDD. The EDD is involved only if the employer is covered under California SDI and the mother files a PFL (Paid Family Leave) form with the EDD. Oh, and the EDD is only in California so this may not apply to OP anyway.

Anyway, that's not what the OP is asking.

OP, you may want to have a talk with your boss again, but not about your "feelings" as you put it. Outline the vacation days you have remaining and let him know your plans to go out of town have been set. Ask him what he wants you to do to ensure everything is 100% prepared for the work occurring during that week, and reassure him you will have it done. Perhaps you can offer to be "on phone call" if something does come up and he has questions. What was your vacation arrangement last Christmas/New Years (2010)? You might want to discuss the situation last year, citing it especially if nothing crazy-urgent came up then.

I can empathize with him since he's a sole proprietor he doesn't want to be seen as "dropping the ball" should his clients need his services. I don't think he's taking advantage of you, since he will likely be putting in the hours should something come up too.

However, if he is still adamant about you being on call those days, you might want to give in. Keep in mind he's your only reference should you decide to leave your job someday for another. You don't want to burn any bridges.

Good luck.


I was not off last year at this time. I actually have never been off that week. I have usually no time left to take off, LOL!. Maybe taking advantage of me was not the right term I was looking for. He is the type of boss that can handle things that need to be handled (drafting documents, opening files on the computer, etc.) if need be he just takes way longer than I do to do certain things, LOL. He knows what that week is like. Its always "dead". Yes there is business end of the year stuff like taxes and so forth but I do not handle those things, the bookkeeper does.

I actually have 5 days left but I am only using 4 that week so I losing one of them and it can not be carried over to next year nor will I get any compensation for it, but that one day does not bother me. To me it just feels like this is my time to be off and I should be allowed to make whatever plans I want and to be allowed to follow through on them and not have to worry about "work". If he did not want me to be off then he should have said "no" to the request and those remaining days should be allowed to be carried over to next year. I usually take a week off in the summer and I am always out of town and this issue has never come up before, that I would need to be on call or anything.
 
Sorry you're frustrated, OP. I'm sure I would be too! Unfortunately, I think he's well within his rights. I think that the challenges you're describing are sometimes a risk when working for a smaller company but that's how it is.

Personally, I wouldn't use my vacation days that week if my plans would be compromised by staying in town and on call as required. I'd work the week and use the days another time when I really got them off in their entirety. And then I'd spend the slowest week of the year doing my nails, reading, and internet shopping on site.


Unfortunately he has told me that I could not carry the days over so I would just lose them and not be compensated for them at all, which bothers me too.
 
Well then I would take them rather than losing them but I would not be at his beck and call.

He tells you you cannot carry them over but yet also tells you that you cannot truly take them off and have to be on call?? That would not be legal here. If he is refusing to give you your remaining days off, he'd have to let you carry them over. I've never worked anywhere that days cannot be carried over but there are a lot of places like that, of course, and you see a lot of people taking time off these last couple months of the year to use up their time. The employer cannot say no.
 
My Aunt is getting married that Thursday the 29th. I have to travel to get there. I have not seen her in about 4 years and I will be seeing my cousins that I have not seen in longer amounts of time since we all live in different states. One of my cousins just had triplets in September and I want to meet them and just see my family. The only family I have close to me is my dad and my husband's family. This is my chance to reconnect to "my" family. Some of them have never even met my son. We kind of all lost contact and stopped seeing each other for holidays and such after my mom died and its been sad. So I guess this whole "yeah you can have the time off but I may need you to come in if I call" thing is just ruffling my feathers.
 
I know for California, you cannot have a "use-it-or-lose-it" policy. Once an employee earns vacation, it needs to be treated like money in the bank for the employee and can never be taken away.
 
I know for California, you cannot have a "use-it-or-lose-it" policy. Once an employee earns vacation, it needs to be treated like money in the bank for the employee and can never be taken away.

I'll have to see what its like here in Virginia. Its never been an issue until now. I have always used all of my time before December.