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Old 09-29-2011, 12:49 PM
 
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Does anyone know if an employer can require the forfeiture of unused vacation days earned before a written change in vacation policy.

In particular, if employees were allowed to keep all unused vacation days and then the policy was changed to restrict the carryover of unused days. Can an employee be forced to forfeit days they couldnt use?

This is pertinent to NY State as I know state laws vary.
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Old 09-29-2011, 12:54 PM
 
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I am ingorant on the state laws side of this, but as an average joe, I would think that the employer could typically do as it pleases in terms of policy changes.
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Old 09-29-2011, 01:00 PM
 
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I know employer's can change policy. My question is if employers can require forfeiture of unused days when they do change the policy. I know it is legal to cap unused vacation but is it legal to "take it back"?
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Old 09-29-2011, 01:15 PM
 
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Quote:
Originally Posted by Gpsma View Post
I know employer's can change policy. My question is if employers can require forfeiture of unused days when they do change the policy. I know it is legal to cap unused vacation but is it legal to "take it back"?
I would assume so. Are employers required to give vacation time in the first place? I just thought they gave it as a perk.
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Old 09-29-2011, 01:24 PM
 
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Well...in certain states like California, if an employee has earned vacation the state considers it compensation and it can not be forfeited. True that you don't have to give vacation but if you do, at least in CA, you can renege on letting the employee have a day off or paying all their unused days if they leave.
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