What States Do Not Allow Use It or Lose It Vacation Policies?

By Anna Duncan

Vacation policies are an essential aspect of any company’s employee benefits package. They allow employees to take time off work and recharge their batteries, which ultimately leads to increased productivity and job satisfaction. However, not all vacation policies are created equal, and some states have specific laws governing their use.

One such policy is the “use it or lose it” vacation policy, where employees must use all of their accrued vacation time by a certain date, or they forfeit it altogether. This type of policy can be problematic for employees who are unable to take time off due to workload or personal reasons.

Fortunately, several states have taken steps to protect employees’ vacation time by enacting laws that prohibit the use-it-or-lose-it policy. Let’s take a look at these states and what their laws entail:

California

California is one of the most employee-friendly states when it comes to vacation policies. In California, employers cannot implement a “use it or lose it” policy or require employees to forfeit unused vacation time. Instead, any earned but unused vacation time must be paid out upon termination or resignation.

Illinois

Illinois also prohibits the use-it-or-lose-it policy and requires employers to pay out any unused vacation time upon termination or resignation. However, employers can cap the amount of vacation time an employee can accrue.

Nebraska

Nebraska law stipulates that employers cannot require employees to forfeit their earned vacation time unless they provide reasonable notice in advance. Additionally, employers must pay out any unused vacation time upon termination or resignation.

Rhode Island

Rhode Island’s law on vacation policies is similar to Nebraska’s in that employers cannot require employees to forfeit earned but unused vacation time without reasonable notice. Employers must also pay out any accrued but unused vacation time upon termination or resignation.

Montana

Montana’s law requires employers to provide employees with written notice of their vacation policy, including any restrictions on the use of accrued vacation time. Employers cannot implement a “use it or lose it” policy, and accrued but unused vacation time must be paid out upon termination or resignation.

Oregon

Oregon law prohibits employers from requiring employees to forfeit earned vacation time and mandates that any unused vacation time be paid out upon termination or resignation.

Conclusion

In conclusion, if you’re an employee in California, Illinois, Nebraska, Rhode Island, Montana, or Oregon, you’re fortunate to have state laws that protect your earned vacation time. However, if you live in a state that doesn’t prohibit the use-it-or-lose-it policy, make sure to familiarize yourself with your employer’s vacation policy and plan accordingly to avoid losing your hard-earned time off.