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Wisconsin, forced to take vacation time

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  • Wisconsin, forced to take vacation time

    I was a full time employee until recently, presently part-time. I have vacation time earned from last year that I don't have to use until Spring. I currently get partial unemployment benefits to make up the difference from my full time pay. My boss is forcing me to take my vacation time when he chooses. Over the Holidays it will not be necessary for more then one person to be in the office and instead of having me claim that time off with unemployment, he wants me to use my vacation time I have left. I have a vacation planned for this winter with my family, that is when I was to use my vacation time. Can he force me to use my vacation when he wants, instead of having me claim that time off with Wisconsin Unemployment?

  • #2
    Yup, he sure can.

    What's more, it's unlikely that you will qualify for UI if there is unused paid leave available to you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I am already collecting unemployment, as I said, and they know I have vacation time left. As far as unemployment goes, I only have to claim my vacation time with them - when I actually use it.

      He is pretty much laying me off for the week and wants me to use my vacation time instead of putting in a claim with unemployment for the whole week. I usually put in a claim for my part-time work.

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      • #4
        The fact remains that in all 50 states, the employer can say when vacation time can and cannot be used. If the employer wants you to use your vacation time during that week, there is nothing in the law that says he cannot make it mandatory.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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