What States Require Vacation Carry Over?

By Robert Palmer

Are you curious about vacation carry over laws in the US? Many employees wonder if their unused vacation days can roll over into the next year, and if so, how many days they can carry over.

The answer to this question varies from state to state. In this article, we’ll take a closer look at what states require vacation carry over.

What is Vacation Carry Over?

Vacation carry over refers to the practice of allowing employees to transfer unused vacation days from one year to the next. This means that if an employee doesn’t use all of their allotted vacation time in a given year, they can carry those unused days over into the next year.

States That Require Vacation Carry Over

Not all states require employers to allow for vacation carry over. However, some states have specific laws in place that mandate it. Here are the states that require vacation carry over:

  • California: Employers must allow employees to carry over unused vacation time for up to one year.
  • Illinois: Employees must be allowed to roll over up to half of their accrued vacation time (capped at 40 hours) each year.
  • Louisiana: Employers must allow employees to carry over up to five days of unused vacation time each year.
  • Nebraska: Employers must allow employees to roll over up to five days of unused vacation time each year.
  • New York: Employees can carry forward unused but earned PTO for up to four months after the end of the calendar year.
  • Rhode Island: Employers must allow employees who work more than 20 hours per week and have completed one year of service to carry over unused vacation time for up to one year.
  • Washington: Employers must allow employees to roll over up to 40 hours of unused vacation time each year.

States that Do Not Require Vacation Carry Over

In states where there are no laws mandating vacation carry over, employers have more flexibility in establishing their own policies. Here are the states that do not require vacation carry over:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Note: Although Hawaii does not have a law requiring vacation carry over, state courts have ruled that employers must allow it if it is included in their written policy.

The Importance of Understanding Vacation Carry Over Laws

Understanding vacation carry over laws is important for both employers and employees. Employers need to ensure that they are complying with state laws, while employees need to know their rights so they can plan their vacations accordingly. By understanding these laws, both employers and employees can avoid potential legal issues.

In conclusion, if you live in one of the states mentioned above, you have the right to carry over some or all of your unused vacation days into the following year. If you don’t live in one of those states, your employer may still offer vacation carry over as part of their policy. It’s always a good idea to check with your HR department to determine what your company’s vacation policy is.