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Unused vacation time Illinois

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  • Unused vacation time Illinois

    I work in IL at a company of about 40 people, consisting mostly of sales. My boss, the company owner, has just "announced" that he will no longer allow us to carry over earned vacation time beyond 40 hours. He has not officially announced this as he has not sent an email on this to inform us, it came more by word of mouth from supervisors. Nowhere in our "employee handbook", really just policies he sends out in an email from time to time, has this ever been stated before. In fact as far as I know we don't even have all of these "policies" compiled. In the 4 years I've been employed at this company he has always carried all unused vacation time over to the next year. With it being mid-October and being overbooked with projects through the rest of the year I have no way of using my vacation.

    I was wondering what the law states in IL that he has to do with the lost vacation time since it in fact has been earned. We earn approx 1.2 days of vacation for each month of labor. Is he in fact allowed to just dump it and not pay us out for it? I've heard both sides from different people. Some have told me he can just dump it and its like it never existed. These people tend to be those who don't really know from what they've told me or others with a vested interest in me not taking it. Others, like my father who was a CEO in IL, have stated that he can carry over the X number of hours, but any unused vacation time beyond that must be paid out since it has been earned. Thank you for taking the time to answer this.
    Last edited by Jrubow; 10-20-2009, 08:37 PM.

  • #2
    Il. employers may cap vacation or require employees to use it by a certain date provided a reasonable opportunity to use it is given.

    If employment contracts or policies provide for paid vacation, the earned, unused portion must be paid to employees at their final rate of pay upon separation of employment.

    Il. vac. codes: 820 ILCS 115/5 & Il. Admin. code 56-300.520
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Also if I am right it has to be in your union contract agreement .If you are in a union call them !

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      • #4
        Jeff, please do not reply to old threads. The original poster has not been back & posted since 10-09. Thanks.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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