Layoff and accrued vacation/sick time

[pmlgy]

I was laid off in June, but recalled in August. When I returned to work, vacation/sick time was never discussed. I was given new benefit forms to complete. During the time of my lay off, the company distributed a new employee handbook, which I still have not received and wasn't made aware of its existence until I requested time off. At that time, I was informed by my employer that because of my lay off and the new handbook, I lost all of my accrued vacation/sick time and I would have to "start over". Is this legal? Do they owe me what I've worked for?

[cbg]

That would depend on many factors not in your post; what the old policy was, what the new policy is, and whether you had any time paid out to you during the layoff.

[pmlgy]

Both policies, old and new, were never addressed and I'm not familiar with them. I was not paid for any time (vacation, sick, or otherwise) during my lay off with the exception of unemployment. If the company doesn't want to pay vacation and/or sick time, what prevents them from laying people off and recalling them a week or two later? I would think there would be a law or something in place.

[pmlgy]

I just found out that the old handbook did not address layoffs at all. The new handbook that was distributed while I was laid off states that if an employee is laid off and is recalled, he/she loses all accrued time. My opinion is that while I was laid off, I was still under the old policy and should be entitled to my accrued time off. The new policy would be effective for me once I was recalled.