Sagana
11-08-2005, 02:25 PM
Hi... Well, I work as a supervisor for a small business in Kentucky. I've been there 4.5 +a bit years. This business tends to have a "slow down" in the winter and last year the company expanded and bought new equipment which has not (so far) paid out in enough business to cover the slow period. The company is cutting expenses where they can and naturally payroll is the biggest expense. They're taking several measures - no overtime, etc. and will probably lay some people off, although they seem to be working hard to avoid that. I have questions on two situations regarding some of their measures, however.
One of the things they're unhappy about is people taking sick time that is acrued to them. Earlier this year, my over-18-year-old daughter was in the hospital (does why matter?) and I took a week off to be with her (when she was discharged from the hospital, I returned to work). When I returned, the person closest to a HR person there (he's actually Accounting and writes the paychecks) asked me how I wanted the time - sick time, or vacation time (at that point, I had plenty of both). I asked if I *could* use sick time for that (she is over 18) and was told I could, so after considering it, I took the time that way, saving the vacation time in case she needed me during a period when she might have an operation (that could be scheduled in advance and wouldn't be an emergency situation - vacation time has to be scheduled 2 weeks in advance.) When they ran numbers on who in the company was doing what, I came up as having used the most sick time as I had a week's worth at once to take and used it (and a few days here and there when I was sick as well). Other people at the company have used more sick time than they have available and ended up taking more time as no pay days - but as they are not paid, it isn't a company expense. The employee manual does state that sick time can be used for emergencies for children, without giving an age limit. Can they go back after the fact and claim this was an inappropriate use? Does it matter that the HR(ish) person told me I could use it? And can a company write you up or fire you or provide punishments because they don't like the amount of sick time employees take? (either truly acrued sick time or no pay days?) and is there recourse if the use is actually justified?
Secondly, in a meeting today, they informed us they are considering closing the company the day after Thanksgiving and the period of time between Christmas and New Year's. Previously, they have remained open during those times except for one paid day for each holiday. The employee manual says we must work the day after a holiday in order to be paid for the holiday - it says nothing about being closed on those days. They say if they close, those days will be "no pay" days for anyone that does not have vacation remaining. Many people do not have vacation days remaining (especially as we are supposed to take our vacation time before the end of the year and it's now Nov.) Can they require vacation to be used for specific days on a moments notice like this? Can they, in effect, lay us off for a few days (not enough time to apply for unemployment compensation) in order to cut costs?
PS: It occurs to me I should have mentioned that I'm a full-time hourly employee, not salaried and most of the company are paid hourly (there are a few salary employees, but not many).
One of the things they're unhappy about is people taking sick time that is acrued to them. Earlier this year, my over-18-year-old daughter was in the hospital (does why matter?) and I took a week off to be with her (when she was discharged from the hospital, I returned to work). When I returned, the person closest to a HR person there (he's actually Accounting and writes the paychecks) asked me how I wanted the time - sick time, or vacation time (at that point, I had plenty of both). I asked if I *could* use sick time for that (she is over 18) and was told I could, so after considering it, I took the time that way, saving the vacation time in case she needed me during a period when she might have an operation (that could be scheduled in advance and wouldn't be an emergency situation - vacation time has to be scheduled 2 weeks in advance.) When they ran numbers on who in the company was doing what, I came up as having used the most sick time as I had a week's worth at once to take and used it (and a few days here and there when I was sick as well). Other people at the company have used more sick time than they have available and ended up taking more time as no pay days - but as they are not paid, it isn't a company expense. The employee manual does state that sick time can be used for emergencies for children, without giving an age limit. Can they go back after the fact and claim this was an inappropriate use? Does it matter that the HR(ish) person told me I could use it? And can a company write you up or fire you or provide punishments because they don't like the amount of sick time employees take? (either truly acrued sick time or no pay days?) and is there recourse if the use is actually justified?
Secondly, in a meeting today, they informed us they are considering closing the company the day after Thanksgiving and the period of time between Christmas and New Year's. Previously, they have remained open during those times except for one paid day for each holiday. The employee manual says we must work the day after a holiday in order to be paid for the holiday - it says nothing about being closed on those days. They say if they close, those days will be "no pay" days for anyone that does not have vacation remaining. Many people do not have vacation days remaining (especially as we are supposed to take our vacation time before the end of the year and it's now Nov.) Can they require vacation to be used for specific days on a moments notice like this? Can they, in effect, lay us off for a few days (not enough time to apply for unemployment compensation) in order to cut costs?
PS: It occurs to me I should have mentioned that I'm a full-time hourly employee, not salaried and most of the company are paid hourly (there are a few salary employees, but not many).
