Can accrued vacation be deleted?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can accrued vacation be deleted?
Policy changed Jan 2019 on how vacation
time is accrued. Vacation that was
accrued in.2018 has been taken away
Is this legal?
Asked on May 7, 2019 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
While an employer may, going forward, implement a "use it or lose it" vacation policy or cap the number of days you earn which can be carried over, under your state's law, they cannot take away or make you forfeit/give up vacation time you already accrued which, when you accrued it, did not expire. If they took away days that should be able to carry forward under the policy in effect when you earned them, that is illegal; see, e.g. 56 IL Admin Code Section 300.520(h).
If your employer will not restore the lost days, you may wish to contact your state's department of labor to file a complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.