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Different vacation policies are legal if done fairly

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Q. We are rewriting our vacation pay policy. Currently, we have two categories of hourly employees. Can we offer 10 vacation days after two years to some employees and five days for the same period to other employees? Can we offer different benefits to salaried and hourly employees? —S.P., Washington

A. Just as you pay different wages to different employees, so too can you provide different vacation benefits. But you must be fair and consistent. Make sure you're not doling out wages, benefits and other terms of employment on the basis of a protected class, such as creating a policy that gives better pay and perks to men or younger employees over women or older workers.

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