Law-Forums.org

[adamka]

I have worked for a company in Wisconsin (which shall remain nameless) for 7 years. A new owner took over 3 years ago, but was still the same company (franchise). I recently moved and wanted to transfer to a store within the same company that was significantly closer. I spoke with my boss before I even applied at the new store, to let him know and not screwing him over completely. Now that I am transferring, they are denying me my remaining vacation time that I have rightfully accrued and put in for months before even thinking about transferring. The employee handbook states "once you inform us of resignation, you give up your right to use any remaining vacation." Is this in accordance with Wisconsin labor laws?

[demarco]

Labor laws don't cover vacations. Paid time off is considered a benefit and is up to the discretion of the employer.

[ruddy]

What do you think - employers write handbooks that totally go against the law? They have people who research that sort of thing so they don't go against the law.

You have 2 different things here. For one - you didn't resign. You are transferring.

Resigning would be to go to a totally different company. Transferring means you will be under the same payroll in the new place as you were under the old place. You are working for the same company - different locations.

I think you are saying you put in for vacation to use. Now that you are transferring - they are not letting you take it. That would be within their rights.

And you are not interpreting the handbook correctly anyway. It means once you've resigned - you give up the right to use vacation between the time of resignation and the time of going away. Does not mean you give up the vacation time - just means you can't use it in place of notice - or use it after the resignation is given.

Likely you will take your vacation time with you - if this is all under one company. You just can't use it right now.

[thacher]

What do you think - employers write handbooks that totally go against the law? They have people who research that sort of thing so they don't go against the law.

You have 2 different things here. For one - you didn't resign. You are transferring.

Resigning would be to go to a totally different company. Transferring means you will be under the same payroll in the new place as you were under the old place. You are working for the same company - different locations.

I think you are saying you put in for vacation to use. Now that you are transferring - they are not letting you take it. That would be within their rights.

And you are not interpreting the handbook correctly anyway. It means once you've resigned - you give up the right to use vacation between the time of resignation and the time of going away. Does not mean you give up the vacation time - just means you can't use it in place of notice - or use it after the resignation is given.

Likely you will take your vacation time with you - if this is all under one company. You just can't use it right now.

No you cannot collect your vacation time. Employers are not required to give employees vacation time at all. Your handbook says that once you resign you give up your right to use any remaining vacation time. Even if you requested your time months before, you are leaving now to transfer, so that changes everything.