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  1. #1
    Join Date
    Jul 2017

    Default Can Your Employer Reduce Your Weeks of Paid Vacation

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

    I've worked for a small family owned business for 10 years. The company has a general vacation policy of 2 weeks for both salaried and hourly employees.
    When I was hired I was offered in writing from the President (in an email) 3 weeks of vacation. I've received those 3 weeks for the last 10 years.
    The owner passed away 8 months ago and the wife has taken ownership and is now in the office several days a week. We still have the same President who made the vacation offer when I was first hired.
    Can the new owner take away the 3rd week of vacation that was part of my hire package?

    Also - are companies allowed to have different vacation policies for salary exempt employees than they have for hourly non-exempt employees? Or do both classifications of employees need to have the same benefit?

    Thanks for any input!

  2. #2
    Join Date
    Oct 2016

    Default Re: General Vacation Policy vs Job Offer

    In Louisiana and most other states this is a contractual issue not a labor law issue as vacation is not required under state or federal law. If the change in the vacation agreement happened before it was "earned" as opposed to after there is very little you can do about it. An employer is free to change what they pay you be it vacation or wages just as you are free to say you want a raise or you are going to quit.

    Vacation or lack of it can be negotiated at the employee level. As long as the plan isn't violating discrimination law.

  3. #3
    Join Date
    Feb 2008

    Default Re: General Vacation Policy vs Job Offer

    The answers are yes,yes and no. They can change your "package" going forward and can have different levels of PTO for every employee if they wanted to do so.

    Agree that paid time-off is not covered under Federal law and is state dependent and even then there are no states that require it, but if given they might have some laws/requirements on how it is used/earned.

    Generally job offers do not rise the to the level of a contract.

  4. #4
    Join Date
    Jun 2006

    Default Re: General Vacation Policy vs Job Offer

    There is only one state that has any laws regarding how vacation time is accrued; Louisiana is not that state; even in the sole state that does have such a law there is nothing to prevent an employer from changing a policy to reduce the amount of vacation earned going forward.

    It is quite common, and quite legal, for an employer to have different policies depending on whether you are exempt or non-exempt. It is also legal for it to be the same for all employees. NO state, including the one referenced above, has any laws dictating to the employer how much vacation he must offer to whom.

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