Labor Law Qustion regarding vacation

UPDATED: Jun 4, 2009

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Labor Law Qustion regarding vacation

Can an employer use your vacation that you have yet to take to supplement your normal hours to retain your insurance. For Example you work 25 hours but must have 30 to keep your insurance so your company uses 5 vacation hours to boost you to 30 but you dont actually get to take them.

Asked on June 4, 2009 under Employment Labor Law, Indiana


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not an Indiana lawyer, but my research suggests that the employer could do this (and is doing you a favor, really, by keeping your insurance in place), but probably would have to pay you for those 5 accrued vacation hours, because Indiana law (unlike some states) sees that as part of your compensation.

For advice you can rely on, before getting into this with your employer, please talk to a labor attorney in your area, who can review all the unique facts of your case.  One place to find a qualified lawyer is our website,

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 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.

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