Unused Vacation Policy
Each hire anniversary year an employee may roll forward unused Vacation into the next year’s earned Vacation up to a limit of thirty (25) days or the maximum available for their years of service level. The combination of rolled forward leave and new earned leave may not exceed the maximum regardless of years of service. In addition, the vacation rolled forward must be used during the year they were rolled into or those days will be forfeited at the end of that year. Understand each year’s unused vacation days will be rolled forward only one year. This is known as a “use it or lose it” rule and is the basis for encouraging employees to take paid time off.
In states or localities where the law prohibits forfeiture of earned vacation (for example, California, Colorado, Montana, and Nebraska), the Company will not apply the forfeiture described above. Instead, the Company will apply a reasonable accrual cap: once an employee's banked vacation reaches the applicable maximum, further vacation will stop accruing until the employee uses enough banked days to fall below the cap, but no already-earned vacation will be forfeited or lost.
For Example: Sue has her hire anniversary tomorrow. Today she has 20 banked days of vacation. Tomorrow she is eligibility to receive up to 25 more days, however she will only receive 5 days which will put her back at the maximum of twenty five days. In addition, since she rolled forward 20 days, she must use these 20 days during this year or any remaining portion of those 20 days will be forfeited. After a year goes by, it is determined she only used 15 days, so she will forfeit only 10 days to the “use it or lose it” rule. Since she is eligible to again receive up to 25 days, and already has 10 days rolled forward, she will only get 15 days which will again put her at the 25 day maximum.
General information, not legal advice. Treat this as a drafting starting point, not a finished policy — employment law varies by jurisdiction and changes often, so have a licensed attorney tailor it to your situation before you rely on it.
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