Can accrued vacation be deleted?

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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 2 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.


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