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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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our company has changed vacation benefits from Jan. 1 to the

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our company has changed vacation benefits from Jan. 1 to the date of hire.They are saying that last years benefits will be pro-rated, thus denying our full vacation. Is this proper.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Do you belong to a union?
Customer: replied 3 years ago.


Thank you. Do you have a written contract (not policy but an actual contract) with the employer that requires them to provide paid vacation?
Customer: replied 3 years ago.

no.just a company handbook

Thank you. You may be surprised to learn that neither state nor federal law requires an employer to provide employees with paid vacation.

If an employer does offer paid vacation, the employer can change the eligibility rules so long as it's done via a clearly-established written policy which does not discriminate based upon race, age, disability, religion, etc.

More commonly such changes are like when an employer adopts a use-it-or-lose it policy, etc.

The facts that you described may appear to be unfair. I entirely appreciate that. However, the employer's actions are legal because they do not violate any existing state or federal law and because you do not have a separate written contract with the employer that limits the employer's discretion to change its policy.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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