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   from the issue of January 11, 2007

     
 
Ruling nixes UNL's use or lose policy

 UNIVERSITY COMMUNICATIONS

A Nebraska Supreme Court ruling involving a private employer has ushered forth change to UNL's use or lose vacation time policy.

In a Dec. 14 e-mail to all, Ed Wimes, assistant vice president and director of human resources for the University of Nebraska, announced that all Nebraska employers - including the university - can no longer require employees to use or lose accrued vacation time. Instead, all vacation time earned in 2006 carried over to 2007.

In prior years, UNL employees could only carry a maximum of what they earn in one year of vacation hours from one calendar year to the next. The "use it or lose it policy" required employees to use vacation time over the maximum before Dec. 31, donate it to the Crisis Leave pool or simply lose it.

The Nebraska Supreme Court case Roseland v. Strategic Staff Management resulted in the suspension of the "use or lose" policy. In the Oct. 20 decision, the court ruled that Nebraska law requires an employer to pay accrued vacation time upon separation of employment - a policy the university already follows.

The decision does not specifically address a "use or lose" policy. However, the decision does clearly state that once vacation is earned under an employer's policy, the vacation time cannot be forfeited.

Wimes said the use/lose column is no longer posted on university pay advices and has been removed for reports available in ESS. Furthermore, Wimes said the Board of Regents is likely to consider amendments to the university's policies on accrual of vacation as a result of the decision.

The Board of Regents' next meeting is Jan. 19. An agenda was unavailable at press time.


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