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padamski
01-23-2006, 06:52 AM
My husband was informed by the owner of the company that all employees are required to reserve 4 vacation days for an end of the year "shut down". Is this legal? Can a company tell you when to take a vacation? My husband is fortunate enough that he is entitled to 3 weeks vacation per year, but what about new employees who only get one week? In addition can an employer refuse to pay an employee who was injured on the job the rest of the day's pay? What if he spent most of the day in a clinic? Thank you for your help.

cbg
01-23-2006, 07:12 AM
An employer has no legal obligation to provide paid vacation at all. Barring a binding contract that says otherwise, the employer gets to decide when and how vacation time can be used.

A non-exempt employee does not have to be paid when he does not work, so unless the employee in your second question is exempt, the employer does not have to provide wages even if the employee is in a clinic. Unless the law in your state has changed recently, there is a three day waiting period for lost wage benefits in your state. If you miss more than a week, it becomes retroactive, but if you are out less than a week, that three days is unpaid. The only way I can see that a non-exempt employee could get that day paid unless the employer chooses to pay it anyway, is to use a sick day, if sick days are offered. If sick days are not offered, you're SOL.

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