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  • layoff policy Alabama

    I have been with this company for 5 years and got laid off in march due to lack of work. Was called back in July. Just to find out that if you are laid off for 4 months they erase your time and make u start over i dont see how this is leagal. I had aquired 2 weeks pd. vacation which they took away from me. Now i have to work a year in order to get 1 weeks pd. vacation. Can anyone please tell me if this is legal.

  • #2
    Generally speaking it is legal.

    What were the conditions of your lay-off?
    Were you employed under an enforceable employment contract or collective bargaining agreement? If yes, what were the terms? Did it address recall from a lay-off?

    Since no law specifically addresses vacation (or PTO), a company is free to set policy as they see fit.

    I understand that you think this is unfair. I wish I could give you another answer. Sorry!

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    • #3
      Barring a bona fide contract that says otherwise, this is legal. The law does not require that you receive vacation at all; it's entirely up to the employer whether you receive it and if so, when and how much. Alabama is not one of the few states that considers vacation to be wages; it's legal for them to have a policy in which you lose vacation already earned.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        To be honest, I'm surprised that they bridge service if you've been gone less than 4 months. I've worked for companies that would start you over on all benefits if you were gone for one day.
        -----------------------------------------
        98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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