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Can I offer unlimited vacation time to my employees in North Dakota? What are the requirements?
Based on the documents provided, North Dakota law does not require employers to provide vacation time to employees. However, if an employer chooses to offer vacation time, there are certain requirements that must be followed.
Accrual of Vacation Time
If an employer chooses to offer vacation time, the employer must ensure that vacation time is accrued in accordance with North Dakota law. For example, part-time regular employees must accrue vacation time proportionately [1.1](#[1.1]). Additionally, state agencies must follow a specific annual leave accrual schedule [4.5](#[4.5]).
Limits on Vacation Time
North Dakota law places limits on the amount of vacation time that can be carried forward from year to year. Specifically, no more than 240 hours of accrued annual leave may be carried forward beyond April 30th of each year [4.3](#[4.3]).
Unlimited Vacation Time
North Dakota law does not prohibit employers from offering unlimited vacation time to employees. However, if an employer chooses to offer unlimited vacation time, the employer must ensure that employees are still able to take the vacation time to which they are entitled under North Dakota law.
Conclusion
Employers in North Dakota are not required to offer vacation time to employees, but if they do, they must ensure that vacation time is accrued in accordance with North Dakota law and that limits on vacation time are observed. Employers may offer unlimited vacation time, but must ensure that employees are still able to take the vacation time to which they are entitled under North Dakota law.
Source(s):
- [1.1] Holiday hours accrual for a part-time regular employee.
- [4.3] Annual leave limit.
- [4.5] Annual leave accrual schedule.
Jurisdiction
North Dakota