We are a small trucking company with few employees and NO policy book in place because we are so small. When we hire our employees we tell them that after two years they are eligible for two weeks vacation. Well this employee used up all his vacation (He's been with us for 3 years) and worked a month after his hire anniversary date and now is tell us that he is entitled to two week vacation again. Do we have to pay him for the FULL two weeks or just a couple days for going over a month of his hire date?
This depends on whether you had a written policy that indicates when and how their vacation accrues. If it merely says that they get 2 weeks after working 2 years, then they would be entitled to the full 2 weeks. If your written policy said they would accrue 1 day each month after 2 years, or something like that, then they would only be entitled to those days. You cannot now change the policy for that employee but can do so for employees going forward
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