Colorado’s new use-it-or-lose-it vacation policy sparks questions

October 21, 2015 0 COMMENTS

The Colorado Division of Labor has taken a new position on enforcing wage claims based on an employer’s vacation policy, and the position is leaving employers with questions about whether use-it-or-lose-it vacation policies are lawful in the state.

In response to inquiries about whether policies that prohibit employees from rolling over some or all earned vacation or paid time off (PTO) from year to year, the division recently posted frequently asked questions (FAQs) on its website. The FAQs state that such policies don’t necessarily run afoul of the Colorado Wage Protection Act (WPA) and that if an employee challenges the validity of an employer’s policy, the determining factor will be when vacation is earned.

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North Dakota eases PTO payout rules

July 16, 2015 0 COMMENTS

by Lisa Edison-Smith

Because of new legislation taking effect August 1, private-sector employers in North Dakota will find it easier to avoid paying out unused paid time off (PTO) or vacation time when employees quit.

Under the old law, an employer was required to pay a departing employee for any PTO or vacation time that was “available for the employee to use” at the time of separation. The old rule could be expensive for employers. For example, an employee who was entitled to 12 days of PTO per year and was eligible to take the entire 12 days at the time of her separation from employment was entitled to be paid for all 12 unused days, even if she quit on January 2. That was true even if the employer had a policy saying that PTO was “earned” at a rate of one day per month.

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California Employers Required to Provide Paid Organ, Marrow Donor Leave

January 05, 2011 1 COMMENTS

As of Saturday, January 1, 2011, private employers with 15 or more employees in California are required to provide paid leaves of absence for organ and bone marrow donations. The law, Public Chapter 646, is similar to a leave provision already in place for public employees and ensures up to 30 days of paid leave in a one-year period for organ donation. (The law provides five days of leave in a one-year period for marrow donation.)

To take the leave, the employee must provide written verification that she is an organ or bone marrow donor and that there is a medical necessity for the donation. Retaliation against those who take the leave is prohibited, and the leave may not be treated as a break in continuous service for the purpose of seniority, salary adjustments, and so on.

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