Can my employer decrease the amount of vacation promised in the middle of the year?

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Can my employer decrease the amount of vacation promised in the middle of the year?

I took the job based on 6 weeks vacation a year. I can’t take my vacation all at one time but I have to use it before end of the calender year or I loose it. Yesterday I was told that as of Oct 1st I only get 4 weeks vacation and no opportunity to take the remaining 2 weeks before this date. I feel I am entitled to those 2 weeks or monetary equivalent.

Asked on July 29, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you have an employer employee handbook for your job, read it, its term will typically control the issues between you and the employer about promised versus accrued and earned vacation time.

If you actually earn vacation time based upon the amount of days per month you work for your employer, the employer cannot take away earned vacation time from you. If there has always been a policy at work of using the earned vacation time or losing it, then the policy is valid and you actually can lose earned vacation time by not using it with the stated time period.

Your employer can decrease the amount of vacation promised you initially if the vacation time has yet to be earned. Your option is to either accept the new guidelines and policy as to vacation time with your employer or look for another position with a different company.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you have an employer employee handbook for your job, read it, its term will typically control the issues between you and the employer about promised versus accrued and earned vacation time.

If you actually earn vacation time based upon the amount of days per month you work for your employer, the employer cannot take away earned vacation time from you. If there has always been a policy at work of using the earned vacation time or losing it, then the policy is valid and you actually can lose earned vacation time by not using it with the stated time period.

Your employer can decrease the amount of vacation promised you initially if the vacation time has yet to be earned. Your option is to either accept the new guidelines and policy as to vacation time with your employer or look for another position with a different company.


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