Re: paid time off

From: Cara Levinson
Email: CaraBLevinson@aol.com
Date: February 07, 2005

Comments

Although I am an attorney, I am not here to give legal advice. In other words, as I participate in the forum, it is not in the role of YOUR attorney. That being said, I think you may have a problem under Wisconsin law. In your state, there is no vacation requirement, either paid or unpaid. Such matters are determined entirely by written or unwritten agreements between the employer and the employee. However, in almost all states, once vacation time is earned, it is treated like wages earned and therefore is not forfeitable, even by written agreement. Therefore, even if an employee agreed in writing to forfeit his/her accrued vacation time upon termination, such an agreement would be unenforeceable. My educated guess is that this would hold true in Wisconsin as well. I suggest you consult with an employment law attorney practicing in your state.