Opportunities And Challenges Of The Unlimited Vacation Policy
|Date / Time:
We will explore the legal and practical advantages and pitfalls of no-accrual time off policies, including how to assess whether a no-accrual or unlimited time off policy is right for the particular organization.
Takeaways will include: (1) what the law does - and, importantly, what it does not - say about no-accrual time off policies; (2) key components of a no-accrual time off policy, including coordination with leave benefits; (3) how to handle the transition from accrual policies to no-accrual policies; (4) the importance of messaging and optics; and (5) how to avoid and reign in abuse of no-accrual policies.
Pros and Cons of Unlimited Time offBasic Design/Construct of the No-Accrual Policy
- General Background Regarding Origin of Unlimited Time off
- Netflix and Other Tech Companies Blaze the Unlimited Time off Trail
- Legal Background Regarding No Obligation to Provide Paid Vacation in Most States
- More Recent State and Local Obligations Regarding Paid Sick Time
- Very Little Legal Guidance on No-Accrual Policies
Dealing With Historical Accrual Policies
- Applies to Vacation, Sick, or Both
- Applies to Exempt Employees Only or Non-Exempt Employees as Well
Interplay With Paid Sick Time and Leaves
- Options for Dealing With Existing Accruals
- Handling Employee Morale
- Sick Time and Leave Obligations
- Importance of Policy Addressing Such Obligations
About The Presenters
- Practical Do's and Don'ts
- Managing Abuse of Policy by Employees
- Key Guiding Principles
- Messaging to Employees
Sheeva J. Ghassemi-Vanni, Esq.
Daniel J. McCoy
- Senior associate, Employment Practices Group at Fenwick & West LLP
- Advises employers on all stages of employment, including hiring, progressive discipline, and termination; reductions in force, leaves of absence, disability accommodation, wage and hour issues, worker classification, noncompetition and nonsolicitation covenants, social media, and compliance with state and federal employment laws
- Represents employers in litigation regarding discrimination, sexual harassment, wrongful termination, retaliation, wage and hour disputes, and trade secrets
- Advises companies regarding labor and employment issues arising in mergers and acquisitions
- Regularly provides management and employee training on harassment prevention, recruiting and hiring, performance management, and termination
- J.D. degree, Santa Clara University School of Law; B.A. degree, summa cum laude, San Jose State University
- Co-chair of the Employment Practices Group at Fenwick & West LLP and partner with twenty years of employment law experience
- Northern California Super Lawyer for four straight years
- Profiled in the Daily Journal's Top Labor and Employment Lawyers List, a list of 75 leading labor and employment lawyers in California
- Quoted on developments in employment law in numerous print and online publications, including Forbes, BusinessWeek, The New York Times, The Wall Street Journal and TechCrunch
- Wrote "Unlimited Vacation" Policies Gaining Traction, published in Bloomberg Law Reports, June 30, 2011, and has written and spoken extensively on the subject
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This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
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