Help Wanted: Getting pay for accrued vacation

DEAR CARRIE: I work for a private company. Recently it put into effect a policy that limits employees to 50 days of accrued vacation at any given time. Employees must either use the excess days or sell them to remain under the 50-day cap. The problem is that when some of us try to use the time, the company tells us that because of workload constraints we cannot take time off. Trying to sell the extra days often doesn't work because the approval process is so lengthy that by the time an answer comes, the imposed deadline to "use it or lose it" has passed and we end up forfeiting the days. Is it legal for the company essentially to put up roadblocks to employees using vacation time? -- Vacation Daze

DEAR VACATION DAZE: You're in an enviable position. The thought of being able to accumulate even half that number of vacation days would make some employees absolutely giddy. But fair is fair. If you accrue the vacation time, you have to be able to use it one way or the other.

I turned to the New York State Department of Labor for answers, and it took issue with the way your company handles employees' requests to sell their vacation time. Here is what it said:

"We would generally take the position that if the request to sell the time was made before the forfeiture date, then the vacation pay would be due."

But the department emphasized that it would need more information, such as a copy of the company's written vacation policy, before giving you a definitive answer. So you can contact the department at 516- 794-8195 and 212-775-3880.

It's worth mentioning that companies don't have to offer paid time off, but once they do, they have to honor that commitment. While they can determine when employees take their vacation, the employers can't shortchange workers on those accrued days.

DEAR CARRIE: Is my employer required to pay me mileage when I have to attend evening meetings? I am scheduled to work until 3 p.m. So when I have to attend an evening meeting at work, I drive home and then back to work again. Is my employer required to pay me for the mileage to and from such meetings since they are outside of my regularly scheduled day? Or can my employer refuse to pay mileage because the meeting will be held at the same location where I work? One supervisor has already told me that she expects the mileage will not be paid.

Also on the topic of mileage, we were closed on Election Day but were required to attend a conference on that day, far from the location where I work. I got paid for the day, but when I submitted the form for mileage, I was told my employer wouldn't pay mileage because "we were closed that day." Is this legal? -- Unpaid Miles to Go

DEAR UNPAID MILES: Labor law doesn't require your employer to pay you for that extra mileage, so the company can set its own policy. But you may be able to claim the unpaid costs as an expense on your income taxes.

DEAR CARRIE: When working 80 hours a pay period, is my company obliged to give me holiday and sick pay or days off? -- No Holiday

DEAR NO HOLIDAY: As mentioned in the answer above, companies don't have to give employees any paid time off, unless an employment or union agreement requires them to do so. Many companies offer paid time off because they want to attract and retain talented employees. But outside of a contract, that decision is completely up to employers.