I just left my company a week ago. My company used to have employees accrue vacation time weekly, until they changed the policy (whether it was put in writing or not is up for debate, the HR person is not qualified for the job, so its likely no policies have EVER been updated) to mimic that of our parent company, who gives employees all their vacation days upfront. This was the case for 2005, 2006 and 2007.

We also don't record any accruals on the books for unused vacation time (I was the Sr. Accountant), which implies we had left the accrual process behind. And our vacation balance was reflected on our paystubs, and my first 2007 check showed a balance of 160hours for 2007 Vacation time.

I have spoken with 2 employees who have left the company since this change occurred and they have both verified they received all unused vacation pay in their final paycheck, and they weren't prorated for when they left during the year. I also spoke with our parent companies HR department and they confirmed that the hours are earned as of the first day of the year, there is no accrual process in place, so when you leave you get all unused hours.

My Problem: The HR person at my division decided that I should only receive a prorated amount of my 2007 vacation balance since I was leaving after the 2nd pay cycle, I got 1/26th of my balance, or 6.15 hours.

Based on prior application of policy, havent they established a defacto corporate policy and are now just trying to screw me out of my vacation time earned? Are they allowed to change how the policy is handled after I have left their employ?

Any help on this would be greatly appreciated.

1. Vacation pay is considered wages in MA.
2. Employees can't forfeit their earned vacation time.
3. Amendments to vacation policies can't be retroactive.