Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION
Subpart B - WAGES OR FINAL COMPENSATION
Section 300.520 - Earned Vacations
Current through Register Vol. 48, No. 38, September 20, 2024
a) Whenever an employment contract or an employment policy provides for paid vacation earned by length of service, vacation time is earned pro rata as the employee renders service to the employer.
b) Oral promises, handbooks, memoranda, and uniform patterns of practice may create a duty to pay the monetary equivalent of earned vacation.
c) Claims for vacation pay must be brought to the Department within 3 years from the date the vacation is earned.
d) Nothing in this Section shall be construed to reduce or impair the right of the claimant to maintain a civil action to recover additional vacation pay found due by a court.
e) An employment contract or an employer's policy may require an employee to take vacation by a certain date or lose the vacation, provided that the employee is given a reasonable opportunity to take the vacation. The employer must demonstrate that the employee had notice of the contract or policy provision.
f) The Department recognizes policies under which:
g) Any employer that provides paid vacation to its employees must maintain true and accurate records of the number of vacation days earned for each year and the dates on which vacation days were taken and paid.
h) An employer cannot effectuate a forfeiture of earned vacation by a written employment policy or practice of the employer.