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I live in Iowa. My husband has worked in the utility

Customer Question
I live in Iowa...

I live in Iowa. My husband has worked in the utility business for many years. Recently his employer changed the employee vacation rules so employees can only accrue 2 weeks vacation to carry forward. However, my husband had 8 weeks accrued vacation. They did not offer to pay him or give him the time off. They just changed the rules and he is sol. During the past few years 3 employees have either retired or quit and their vacation was paid out without limitations. Does he have any recourse?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can not think of anything

Submitted: 8 months ago.Category: Employment Law
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9/16/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,082
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employers have tremendous discretion when it comes to how vacation time may be used, earned or paid out. This is so because employers are not required by law to offer any vacation time at all. Since vacation is a completely discretionary fringe benefit, courts reason that employers should be able to set and change the rules as they please.

The Iowa Division of Labor has specifically stated that "use it or lose it" policies, whereby employees lose vacation not taken by a certain date, are legal. The Dvision of Labor has also held that employers may implement caps on the amount of accrual time and change the rate of accrual at will.

Unfortunately, all of this likely means that an individual in your husband's circumstance does not have any legal recourse. He can attempt to reason with his employer that the lost time should be paid out, but beyond making an appeal to fairness he would not typically have further options. I am very sorry.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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