Opportunities And Challenges Of The Unlimited Vacation Policy

Webinar: ID# 1023236
Recorded CD
About This Course:
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.


  • 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
Pros and Cons of Unlimited Time off
Basic Design/Construct of the No-Accrual Policy
  • Applies to Vacation, Sick, or Both
  • Applies to Exempt Employees Only or Non-Exempt Employees as Well
Dealing With Historical Accrual Policies
  • Options for Dealing With Existing Accruals
  • Handling Employee Morale
Interplay With Paid Sick Time and Leaves
  • Sick Time and Leave Obligations
  • Importance of Policy Addressing Such Obligations
  • Practical Do's and Don'ts
  • Managing Abuse of Policy by Employees
  • Key Guiding Principles
  • Messaging to Employees
About The Presenters

Sheeva J. Ghassemi-Vanni, Esq.
  • 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
Daniel J. McCoy
  • 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
Opportunities And Challenges Of The Unlimited Vacation Policy
Available on CD format
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