Are you curious about your rights to your vacation time? Do you feel you may have unjustly lost earned benefits? Here’s a quick blurb to answer some questions…
The rights to employee vacation are acquired as services are performed by the employee; therefore, a portion of the annual vacation is earned after each day of work. Some companies attempt to implement a "use-it-or-lose-it" policy, where employees lose earned employee vacation benefits that are not used by a specific time. Fortunately for employees, this is prohibited.
Many companies have found a legal substitute, which is a cap on the amount of employee vacation time accrued, in which vacation time in excess of the cap is eliminated. All other accumulated but unused employee vacation time must be paid out at the final rate of pay at the time of termination, even if the employee was not yet eligible to take the vacation time.
Businesses may place a cap on the total amount of vacation time you earn, bummer! However, businesses are generally not allowed to have a "use it or lose it policy." This means that if you don't use your vacation time in a certain year, you may still be entitled to keep it in certain situations.