What if earned vacation is changed from work in the prior year to work in the current year?
I worked for a company for 44 years. For 40 years, the vacation that you took in the current year was for the time you worked the prior year. You did not get vacation the first year of employment. The vacation you took this year was for the time you worked last year. The company changed the vacation policy (unannounced) 4 years ago that the vacation you take in the current year is for the time you work in the current year. Does the company owe the employees for the vacation that they had earned prior to the vacation policy change?
2 answers | asked Nov 16, 2011 09:28 AM [EST] | applies to Ohio
Answers (2)
I say yes under the set of facts presented and assuming that there is no union contract. The employer can unilaterally change the policy but it cannot fail to provide employees with something of value that has been earned.
posted by David Neel | Nov 16, 2011 1:51 PM [EST]
posted by David Neel | Nov 16, 2011 1:51 PM [EST]
There is no general statutory provision that governs how and when vacation is accrued or used. Your question raises a legitmate question. I would raise it on behalf of people that lost vacation earned but not used due to the switch by the company. Much of how a court would treat this issue would be based upon the company's written policies. You can also take the information you have to an employment lawyer who can give you an informed opinion.
You can select one near you at www.oelasmart.net/directory
posted by Bruce Elfvin | Nov 16, 2011 10:58 AM [EST]
You can select one near you at www.oelasmart.net/directory
posted by Bruce Elfvin | Nov 16, 2011 10:58 AM [EST]
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