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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I have acrued 2 days vacation and 2 days "floating holiday"

Customer Question

I have acrued 2 days vacation and 2 days "floating holiday" pay but my employer says I cannot use them and will not get paid for them because I should've asked to use them earlier in the year. The employer claims he mentioned it at two monthly meetings: one in January and one in July. He did not offer a specific cut-off date as to when these days must be used or forfeited.
Is this legal for them to have a "use it or lose it" policy? As it stands, I will be losing 4 paid days off.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this situation. And the answer is not in your favor. But I do not make the laws.

Under AZ law, the paid vacation is a "benefit" Such Benefits are not mandated by law. And so the employer is at liberty to establish policy on the way the vacation should be taken - for instance, if it has to be requested by a certain date and/or that if you do not follow the policy in this regard, you lose it

I am sorry the law is not in your favor.

Expert:  Samuel II replied 1 year ago.

Now, if the employer has allowed other employees to take vacation out of "policy" they must continue that practice. But if there is a policy and it has been applied to all employees, then you have no recourse.