Are vacation policies subject to strict rules?

[Guest Guest201]

A few years ago, after more than 5 years working for my company, I quit. At the time I had 3 weeks of vacation. Two years after that I was rehired, with a rate of 2 weeks of vacation. Two years after being rehired, I questioned why my earlier vacation time of three years was not being given to me. I learned that because my time not working for the company was greater than 6 months, I had lost the right to my previous vacation time of 3 weeks, and was now at the two weeks of anyone who has worked under 5 years. That is fair enough. Nonetheless, I explained to my supervisor that my vacation service had been deleted. He then requested that my vacation be updated to what I had before, 3 weeks. Per my request, he didn't ask that the first two years back working be restored, since I had not inquired about it during that time. Human Resources replied to my boss, an executive, that nothing can be done. My question is, is vacation a sort of qualified plan, where this would be breaking the rules, or can a request by an executive be subjectively denied by a human resources representative?

[david rigby]

"...is vacation a sort of qualified plan..."?

No.

"...can a request by an executive be subjectively denied by a human resources representative?"

Apparently so.

Sometimes the answer is "rules are rules".

[oriecat]

Agreed. Each company can write their vacation policies as they see fit. So if the company policy says that you start over like a new employee since you were gone for two years, then that is what happens. We have a similar rule here. If you are gone less than one year, then we will reinstate your previous service for PTO purposes, but if the break is greater than one year, you start over.

[Kirk Maldonado]

I've had clients that use a 30 day threshold (for reinstating prior service credit upon rehire).

[david rigby]

Collective bargaining agreements might include other provisions.

[mbozek]

There are some states that protect vacation rights. In Cal employees must receive pro rata vacation credit if they terminate during a calander year. If the employer provides 3 weeks of vacation and the employee works for 6 months before termination, the employee must be paid for 7.5 days of vacation.

[jsb]

Vacation can be negotiable. I think that typically the higher up you are when you start (or if you have unique value that the organization is recruiting or wants to retain), the more negotiable it is. Next time around, negotiate it as part of your hire package. If you have, say, 15 years of industry experience, ask for vacation accruals that recognize that experience.

[E as in ERISA]

Maybe your boss will let you take the time anyway.