Vacation Pay

UPDATED: Oct 1, 2022

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Vacation Pay

I had accrued 76 hours of PTO through my employer. I had 2 scheduled vacation days that were approved for the following week for 16 hours. I was thinking about taking another opportunity and asked my manager what the policy is on unpaid vacation time. If they pay out what was not used if you work out a notice or if you have to use it before the end of your employment. I made it very clear I was not ready to put in a notice but I did want to be prepared to plan if that was the decision that I made. After speaking with the district manager, she informed me that I was no longer able to take vacation. They were changing the schedule for next week so that I no longer have those days. If I do choose to remain with the company I may, however I will only be allotted 1 vacation day per month. I also will be immediately terminated if I miss work at all. She cited the reasoning being that they do not allow vacation to be used to find another job or to be taken advantage of by those who do not wish to remain at the company. And though I hadn’t put in a notice, my verbal interest in looking for employment elsewhere is sufficient for them to change their policy. The employee handbook does mention that vacation requests can be approved or denied at management’s discretion. This does however feel that they are overstepping that, as this isn’t just not approving a vacation day due to scheduling issues, it’s completely changing the policy in regards to vacation for me. Does OH have anything in place to protect a worker from this type of over-reach by an employer to not honor an employee benefit?

Asked on September 28, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They may change the policy at will *going forward*: from when the announce the change on. But they cannot retroactively change the policy. Employers may change any policies at will if those polices are not embodied in and locked in by a written contract. So they have to let you use the previously approved days and cannot take away any days earned by you to date; but going forward, they can change their policy as indicated. If the won't honor the days you had, you have to decide if it is worth bringing a complaint to the labor department or suing your employer over this. A good idea would be to move on to a different opportunity, if you can: this does not seem like a company you wish to keep working for.

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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