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Can I offer unlimited vacation time to my employees in Washington? What are the requirements?
Unlimited Vacation Time in Washington State
Washington State does not have a law that requires employers to provide vacation time to employees. However, if an employer chooses to offer vacation time, they must comply with certain requirements.
Accrual and Use of Vacation Time
Employers must establish a written policy that explains how vacation time is earned, accrued, and used. The policy must also specify the maximum amount of vacation time that can be accrued.
Employees must be allowed to use their accrued vacation time, and employers cannot require employees to forfeit their accrued vacation time. However, employers can establish a “use-it-or-lose-it” policy that requires employees to use their vacation time by a certain date or lose it.
Payment for Accrued Vacation Time
When an employee leaves their job, whether voluntarily or involuntarily, they must be paid for any accrued vacation time.
Maximum Accumulation of Vacation Time
According to WAAC 357-31-210, vacation leave may be accumulated to a maximum of two hundred forty hours. Exceptions to this maximum are described in WAC 357-31-215.
Vacation Leave Accrual Rates
According to WAAC 357-31-165, full-time general government employees accrue vacation leave at different rates depending on their years of continuous state employment.
Considerations for Granting Vacation Leave
When considering requests for vacation leave, the employer must consider the needs of the employee but may require that leave be taken when it will least interfere with the operational needs of the employer, according to WAAC 357-31-205.
Use of Shared Leave
Employees who qualify for shared leave under WAC 357-31-390 must first use all compensatory time, recognition leave, personal holiday, and holiday credit that they have accrued before using shared leave. The employee is not required to deplete all of their accrued vacation time, but can maintain up to forty hours of vacation leave, according to WAAC 357-31-435.
Personal Holiday
Employees are entitled to one paid personal holiday per calendar year in addition to those specified in WAC 357-31-005 if the employee is scheduled to be, or has been, continuously employed by the state of Washington for at least four months, according to WAAC 357-31-055.
Unlimited Vacation Time
Employers can choose to offer unlimited vacation time to their employees. This means that employees can take as much vacation time as they want, as long as their work is completed and their absence does not disrupt the business. However, employers must still comply with the requirements for accrual and use of vacation time, as well as payment for accrued vacation time when an employee leaves their job.
Conclusion
Employers in Washington State can offer unlimited vacation time to their employees, as long as they comply with the requirements for accrual and use of vacation time, as well as payment for accrued vacation time when an employee leaves their job.
Source(s):
- [1.2] What is the maximum number of hours of vacation leave that an employee can accumulate?
- [1.3] At what rate do general government employees accrue vacation leave?
- [1.6] What must an employer consider in granting the use of vacation leave?
- [1.7] Must employees use their own leave before using shared leave?
- [1.9] When does an employee qualify for a personal holiday?
Jurisdiction
Washington