Illinois - Vacation Law?

[Markxxx]

When you’re dealing with managers and H/R the trick is to have tact.

In this case what I would go to the manager and say this:

“Look I need to take a vacation, so I don’t lose it. I understand it’s not possible right now and I understand the business comes first. Do you think instead of taking my vacation, the company would simply pay me cash instead of the time off?”

The manager will likely say “Ah no” or “Maybe” but it doesn’t matter, whatever the manager says, you say, “You know what, I’ll check with H/R anyway, as I could really use the cash.”

See this option will get you to H/R without undermining the manager. Perhaps H/R doesn’t know this manager is doing this.

The key to getting to H/R is ask a quesiton in such a way the manager won’t know and will have to have you verify it with H/R. Once you go behind a manager’s back or just appear to do this, you’ll have nothing but trouble from that point on.

Usually how employers deal with vacation time is limiting it.

Remember vacation, sick time, even holidays are NOT required in most states, certainly not Illinois.

So an employer can say, you get no more holiday leave till you use what you have. This is legal. Why? Because holiday pay (in IL) is not a right, it’s a benefit.

And you can pick and choose how to apply benefits to your employees as you choose, SO LONG as you are not doing it for discriminitory reasons, such as race, sex, or sexual orientation (not all states or locales)

[YrbkMgr]

Mark, that’s VERY sage advice. I’m sending this thread to my friend so she can read it. Thank you for that.

[Eva_Luna]

@Markxxx

Remember vacation, sick time, even holidays are NOT required in most states, certainly not Illinois.

So an employer can say, you get no more holiday leave till you use what you have. This is legal. Why? Because holiday pay (in IL) is not a right, it’s a benefit.

And you can pick and choose how to apply benefits to your employees as you choose, SO LONG as you are not doing it for discriminitory reasons, such as race, sex, or sexual orientation (not all states or locales)

Perhaps true, but what the DOL told me is that IF the employer gives paid leave, they can’t arbitrarily (essentially) revoke it. Benefits are an agreed-upon condition of employment.

[Markxxx]

You are correct, they cannot change what you have BUT they CAN prevent it in the future.

For instance, if when they hire me they say, “Mark you get 10 vacation days a year.”

They can come to me a year later and say, “Mark, you still will get your 10 days you have coming to you, but at this point, you no longer will get any more vacation days.”

I guess I should’ve explained it better. They can’t take what you have but they can simply refuse to give you more of the benefit.

Again they can do this for any reason as long as it’s not illegal. For instance, they can say, “All non-mangers from this point on will no longer get vacation days.” But they couldn’t say “All women employees will no longer get vacatoin days.” Because sex is a protected class while “non-managers” are not.

[Note: I’m referring to Illinois laws, state laws vary, especially California, which as much stricter laws favouring employees. Also this does not apply to those subject to union agreements]

[GiantRat]

@Markxxx

I worked in H/R in Illinois and vacation time is tricky.

The courts have rules that ANY time that is accrued for must be paid. Strictly speaking sick time is a conditional benefit, you don’t get to use it unless you’re sick. However the courts in IL have ruled that if the company accrues for sick time it must be paid.

So it’s really a matter of how the books are kept.

For PTO, a lot of companies that used to lump it into one sum now divded it into three buckets, sick, holiday and vacation. Sick and vacation time are conditional and vacation is not.

PAID for unused sick time? Look out IL, here I come!!

[RedSwinglineOne]

@YrbkMgr

Right, but functionally, let’s say, for arguments sake that you have 20 days of vacation. Can the manager tell you that you cannot take vacation until December 20th, thereby forcing you to lose 10+ days of it?

No, I think that would be a bit unreasonable. The manager should be able to block out certain times, like weeks when somebody else is already going to be out, or right before a certain project is due. But there is no excuse for the manager not being able to find any time for an empoyee to take time off. If a department is so busy that they cannot afford to give anybody time off, the employees of that department probably need a vacation.

[_Rich]

Hello I’m Richard. Currently working for the employment agency Manpower. I have a question about my vacation, my employer told me that their policy is not to pay vacation after October 10, 2011 are not eligible for vacation.

I have a year working for them continuously. I want to know if this is legal?

Thanks

[Gary_Robson]

@_Rich

Hello I’m Richard. Currently working for the employment agency Manpower. I have a question about my vacation, my employer told me that their policy is not to pay vacation after October 10, 2011 are not eligible for vacation.

I have a year working for them continuously. I want to know if this is legal?

Thanks

[moderating]
Welcome to the Straight Dope Message Boards, ****. When asking a question, we prefer that you start a new thread instead of tacking it on the end of an old one (especially one that’s been dormant for years, like this one).

Also, this question belongs in the “In My Humble Opinion” forum, since it’s asking for legal advice.

Please feel free to start a new thread there. In the meantime, I’m closing this old zombie.
[/moderating]