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4. July 14, 2021

Equal Rights Division Newsletter - July 14, 2021

Think you're eligible for vacation pay, but wondering why you still don't have it?

Under Wisconsin law, employers can choose which employees they offer fringe benefits to if they even offer them at all.

Understand your employer's policy

The answer to whether or not you should receive fringe benefits depends entirely on your employer's benefits policy. The policy may be a written policy as in an employee handbook, or it may be a verbal policy as an agreement made between you and your employer at the time of hire. It's important to note your employer can change their benefits policy at any time provided they give you, the employee, reasonable notice. And while your employer may change their benefits policy to reduce or even eliminate future fringe benefits, they cannot take away previously earned benefits.

The facts

Vacation time, PTO, and sick leave are fringe benefits. Fringe benefits are additional forms of compensation paid to an employee.

In Wisconsin:

• Employers are not required to provide fringe benefits to employees.
• Employers are free to determine what they consider full-time and part-time.
• Employers are free to choose which employees are eligible for fringe benefits.
• Employers are free to change their benefits policy at any time.
• Employers cannot take away fringe benefits already earned by employees.

If you have not been paid for earned vacation time, PTO, or sick leave and believe you are entitled to this benefit, contact the Equal Rights Division for further assistance.

Know Your Rights

Fringe benefits are forms of compensation that, if offered, must be paid as agreed. Your employer may change their benefits policy at any time, but they cannot take away fringe benefits that you have already earned.

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