Loosing accrued vacation

[Guest blb]

Hello,

My employer allows up to 11 vacation days to be carried over from one year to the next year, but they must be taken by 3/31 of the following year.

Due to a new project assignment beginning early 10/03 and then subsequent illness and current STD, I will probably be unable to take the 11 vacation days that I accrued in 2003 before the mandated 3/31/04.

HR has told me that I will loose the days if I do not RTW in time to take all the days before 3/31/04 and that I cannot be paid for the days: there are no exceptions

Is there anything that I can do?

Thanks...........blb

[Harwood]

If you were in California, you would be protected from losing accrued vacation.

[oriecat]

There are several other states that also consider vacation as accrued wages which cannot be forfeited. Other than a state law that requires such, your company policy would apply.

[jsb]

Unless it creates a new STD waiting period....

Return to work to go on vacation for 11 days (more pay than STD anyway?) then go back on STD. As an alternative, in writing, ask employer for reasonable exception to policy due to unusual circumstances. Provide a case for exception that is sufficiently narrow (unexpected illenss of X duration occurring from whenever through March such as to prevent planned vacation usage prior to expiration date) so that the employer won't have to worry about creating some sort of blanket exception exception to the policy. I'd guess that exception requests are not uncommon.

If nothing works, be thankful there is still a job to go back to...but plan to take future carried over vacation earlier in the year.