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Use it or lose it?

SystemSystem 5,885 Posts
in HR & Employment Law Vote Up0Vote Down
I have read a couple of messages that talk about the differences in the state laws as to requiring employees to take their vacation by a certain time or lose it. There have been several states mentioned where this policy is illegal. I am in Missouri and would like to know where I can go to find out the law in this state? I have attempted to find this information over the Internet, but apparently am looking in the wrong places. Can anyone help me?
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  • 2 Comments sorted by Votes Date Added
  • John Vering MOJohn Vering MO 38 Posts
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    I am not aware of a Missouri statute or case that prevents a Missouri employer from adopting a use it or lose it policy on vacation. This response should not be construed as legal advice.
    John Vering
    Mo. co-editor
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  • Robert Kaiser MORobert Kaiser MO 15 Posts
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    There is no Missouri statute on vacations. Accrual of vacations are analyzed under normal contract law principles, just like wage levels (above minimum wages) are. So, the employee is entitled to the accrual scheme they were promised. If they are told vacation is accrued at a certain rate, and they fulfill the underlying requirements (ie, they work the requisite # of days) they are entitled to the vacation pay. Likewise, if the policy says use it or lose it, that is the bargain, and days not taken are lost. This highlights the importance of having a clear vacation policy.
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