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Disability and Vacation/Sick Time New Jersey

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  • Disability and Vacation/Sick Time New Jersey

    In New Jersey is an employee who is out on workmen's comp disability entitled to carry over vacation and/or sick time into the following year when the CBA does not state he/she can. Does anyone know of any case law pertaining to this issue.

  • #2
    That is entirely a matter of company policy. It is not addressed by either Federal or NJ law (or, for that matter, the law of most states).
    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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    • #3
      Thanks for information

      Thanks cbg for the information and quick response.

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      • #4
        Originally posted by JAndersonnj View Post
        In New Jersey is an employee who is out on workmen's comp disability entitled to carry over vacation and/or sick time into the following year when the CBA does not state he/she can. Does anyone know of any case law pertaining to this issue.

        Although I'm not from NJ, it's always been my understanding that if no 'rollover' language is present then unused vacation and personal time is paid out at years end.

        On the other hand if past practice has been established and allowed carry-over then that might be a different story, I guess.

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        • #5
          Originally posted by berford View Post
          Although I'm not from NJ, it's always been my understanding that if no 'rollover' language is present then unused vacation and personal time is paid out at years end.

          On the other hand if past practice has been established and allowed carry-over then that might be a different story, I guess.
          Not necessarily. It depends on the state. Certain states do not permit vacation time to be "lost" in which case it must be rolled over or paid out. This is not true of other types of leave (sick, holiday, etc.).

          There is however, nothing in any states' WC regulations that requires and employer to have a different policy for leave payout or carry over simply by virtue of the fact that the employee has been off for a work related injury.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD View Post
            Not necessarily. It depends on the state. Certain states do not permit vacation time to be "lost" in which case it must be rolled over or paid out. This is not true of other types of leave (sick, holiday, etc.).
            I believe you are correct. I recently (2006) had an arbitration where back-pay was awarded to the grievant. However, unused personal time was not paid. Thew reasoning was that the grievant had to be scheduled to work in order to ask for this time off. Since he was not working actively, he was not able to ask for the time off.

            Something that one may wish to bear in mind also is how vacation time is calculated. If vacation time in 2008 is given based on hours worked in 2007 (accrued) then it cannot be 'lost'. Most employers that I deal with pay it out at year end rather than roll it over.

            If 2008 vacation time is awarded for anticipated hours worked in 2008 then it has not yet been earned and may be pro-rated at termination.

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            • #7
              If vacation time in 2008 is given based on hours worked in 2007 (accrued) then it cannot be 'lost'.

              That is state specific - while it is true in many states it is not true in all. NJ is one state where that is NOT true.
              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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              • #8
                Originally posted by cbg View Post
                That is state specific - while it is true in many states it is not true in all. NJ is one state where that is NOT true.
                So in NJ and other states it could be legal for an employer to keep unused accrued vacation time? Sorry if it sounds like I'm just chasing my own tail (tale?), but I'm getting confused by your postings

                That is entirely a matter of company policy. It is not addressed by either Federal or NJ law (or, for that matter, the law of most states).

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                • #9
                  A very few states prohibit use-it-or-lose-it vacation policies and those states require payout at termination. However, short of that, vacation "rollover" and whether or not it must be paid out at termination are really two separate issues.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    In N.J. whether vacation earned has to "rollover" is a matter of contract law. (whether they are contractually bound)
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                    • #11
                      So in NJ and other states it could be legal for an employer to keep unused accrued vacation time?

                      That is correct. Only about half the states require the payout of unused vacation time, and even among those states, some of them only require it if company policy so states. It is by no means universal that vacation time is unconditionally granted. Use it or lose it policies are legal in more states than they are not.
                      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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