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  1. #1
    Join Date
    Nov 2009
    Posts
    12

    Default Can My Employer Take Away Accrued Vacation Time

    My question involves labor and employment law for the state of: Tennessee

    I have just learned today that as the first of the year (January 1, 2010) any vacation time that I have accrued over the last 17 years over the new cap will be lost.

    I have accrued almost 600 hours of vacation time. The cap is 160 hours (just put in place August 1, 2009). This means that I will lose roughly 440 hours of vacation time that I earned and was not able to take. Yes I was told I could not take it.

    Is it legal for my employer to A) take my vacation time that I have already accrued and B) give such a short notice not giving me the opportunity to take the time before I will lose it.

    Thanks in Advance for your help

  2. #2
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Can My Employer Take Away Accrued Vacation Time

    Probably legal. Only a very few states have a use-it-or-lose-it law and, in my recollection, Tennessee is not one of them. Tacky and bad for morale of them to give you so little notice, but there is no law that is going to force them to let you retain it.

    Here is the extent of the Tennesse code regarding employment. I didn't have time to search it, but you can look.
    http://www.michie.com/tennessee/lpex...main-h.htm&cp=

  3. #3
    Join Date
    Nov 2009
    Posts
    12

    Default Re: Can My Employer Take Away Accrued Vacation Time

    Thank you. I thought that was the case based on what I had read, but some times legal wording can be confusing.

  4. #4
    Join Date
    Dec 2009
    Posts
    1

    Default Re: Can My Employer Take Away Accrued Vacation Time

    How about the same situation, except that the state is California?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,622

    Default Re: Can My Employer Take Away Accrued Vacation Time

    In all 50 states, employers can change vacation policies going forward so that no more, or less, vacation is accrued. In CA, and in a few other states, vacation time that has already been accrued cannot be taken away.

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