Legal Question in Employment Law in Florida

Retroactive policy concerning excess vacation hours

I work at a non-profit company and since 1998, I have accrued 53

days of excess vacation time. There has never been a written

policy concerning excess hours earned (i.e. ''use it or lose it''). On

June 16, I met with my boss (who came on board in 2003 following

an embezzlement scandal). He told me I was given the option of

cashing out my excess hours at 40 percent of my salary. The

alternative is to use the hours (plus 40 more days to be earned in 2

years) by July 2008. This would be difficult because of my job

responsibilities and deadlines. They know that. If I were to leave

the company , I would be paid 20 days at 100 percent of my salary

(I earn 20 days a year) and the rest at 40 percent of my salary.

People who left our 16-person compnay (including someone who

resigned on June 13) receive all their time at 100 percent of their

salary. I earned my hours and have difficulty using them because I

cover for other people while they are gone and do not have a

backup for my job. Although I fear retaliation (getting fired) if I say

something, I would like to know the legality of putting what I see as

a a retroactive policy in place.

1 Answer from Attorneys

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