Merrimack, NH asked in Employment Discrimination and Employment Law for New Hampshire

Q: Can your employer change how you use your vacation time in the middle of the year? Explanation below.

We have always been able to call out and use vacation time to cover hours lost.( I have been at the same work place for over 27 years). More than half the employees have already used up their vacation time by calling out(without any prior notice). Now, my employer decides to say you can no longer use vacation time for call outs. Which only affects those of us that didn't abuse this. So, those of us that still have vacation time can't use it the way the other employees were able to. Shouldn't the employer have to wait until the beginning of the following year to change this policy? We can not carry over our vacation time from year to year. It's use it or lose it. For us that still have vacation time...we must now put in for it ahead of time. If we do call out, we do not get paid for those hours, like the employees earlier this year were able to. I work in Bedford NH. About 25-30 employees.

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: While this policy change seems unfair, there is nothing unlawful about it. Employers are not required to offer paid time off such as vacation time, so as a result, they have a lot of discretion regarding the rules and policies they create for using vacation time.

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