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  1. #1
    Join Date
    Jun 2006

    Question Employee rights to accrued vacation

    I'm leaving a job I have been at for 6 years.
    For the last three years of my employment I earned vacation.
    The company policy said that the vacation you were eligible for in a given year was earned based on the hours you worked in the previous year (thus, the 59 hours I got to use in 2005 was actually earned in 2004)

    this year, the company has changed it's tune.
    Now, the vacation we get is somehow based on what we are expected to work for the current year. So the 60 hours i was entitled to this year, I will only get if I stay with the company for the entire year.

    So what happened to what I had "earned" in 2005?
    It seems we have all lost a year of "earned" vacation.
    This change in the company is fine for new employees, but those of us
    who were there last year, supposedly "earning" our vacation, are now going to lose it if we leave half way through the year.

    Anyone have any advice?
    Should we be compensated?
    (this is in Illinois)


  2. #2
    Join Date
    Jun 2006

    Default Re: Employee rights to accrued vacation

    It is the right of the employer to change their policies at any time unless you have a bona fide contract guaranteeing said benefit.

    That being said, IL law requires that when you leave your employment, you be paid for any earned but unused time that you may have on the books. They do NOT need to pay you for time you would have earned, had you stayed the entire year.

    I do not know if the IL DOL would consider that you have to be paid for any time earned that you may have lost with the change of policy, but you can certainly call them and ask them.

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