Human Resource Blog

States that have no carry over vacation Policy

Hi,

We are a consulting Company with employees located all over USA. Company is based in New Jersey.

Wanted to know what is the different state policy for paid vacation carry forward.

I know California has no vacation carry forward policy. Where can i find this info for different states?

Thanks

There is no one central location for vacation laws in all states — you need to either check the law in each state separately. If you cannot find the info, you can post up to 4 states in one question, and we will research the answers for you.

However, first you need to determine if your consultants are genuinely employees, and if they are employees in New Jersey or in their home states. Many consultants who work from home are 1099 workers, not subject to state employment laws. At other times, an individual who is hired by a New Jersey firm and travels to the office occasionally for training or meetings may be a New Jersey employee.

The exception is California. This year, the state Supreme Court ruled that anyone working in California is subject to California labor laws.

You are incorrect about the California vacation law, by the way. California does permit an employee to carry vacation over from one year to the next. However, if the employer does not permit the employee to carry over vacation, then the employer must pay out the vacation at the end of the year — the *use it or lose it* vacation policy is not lawful in California.

If you have more specific questions regarding vacation law, or other state laws, please post another question.