Forced days off, encouraged to use vacation days to get paid?

[AvIMech]

I recieved a mass E-mail today from my program manager informing us of a date in the near future that is to be a minimum manning day. We are a five day a week operation M-F working in conjuncion w/ military personnel. He has stated that he might shut down our entire operation since almost everyone will have vacation time by then to use if they want to get paid for that day. (our organization is just coming up on a year.) If you dont have vacation days or don't want to be forced to use your vacation up you won't get paid. Normally when "down days" come along they would stongly encourage us to take the day off without pay but would allow us go in as long as we kept ourselves busy doing janitorial work, lawncare, painting and other busywork. The environment is pretty hostile considering we are highly skilled workers, not just people you can hire off the streets. Can they force us to take the day off but then allow(force) some people to use vacation days to get paid while others with no accrued vacation time are basically losing out on a days pay? Thanks for any responses.

[LConnell]

In Arizona, yes, they can.

[wolfman7290]

My company is doing the same thing as the over company but we are located in CA is it legal here?

[Pattymd]

It is legal in every state, assuming you are a nonexempt employee.

If you are an exempt employee, you must be paid your full salary for any work week in which you performed any work at all (with some exceptions that do not apply here), since the absence is occasioned by the employer.

For example, if your work week is Monday-Sunday, you worked Monday, then the facility was closed through Friday (your last work day of your schedule), then you must be paid your full salary, although the employer can require that you use any paid time off to substitute for the missed hours/days.

However, if you did not work at all that week (say you took a sick day on Monday), the employer does not have to pay you for the full week, or could pay you only for the days which could be covered by paid time off, even though the facility was closed for the same days as in the first example.

Clear as mud?

[latinamami29]

I used my vacation to cover my leave last week because of my brother's funeral. I am on a salary and I don't know if i did the right thing or is there something i can do different. Plus I really need some more time off but i would probably have to pay that substitute out of my pocket.

[cbg]

Your employer is not required by law to provide any kind of bereavement leave. If they want to require you to use your vacation time they may.

[latinamami29]

How about me having to pay someone to come and substitute for me when i need days off even if im on a salary? Also how about FMLA could I qualify thru them. Could you explain to me also what is EEOC and what could they do for me?

[cbg]

The EEOC is the Equal Employment Opportunity Commission. It is the regulatory agency if you believe you have been harassed or discriminated against on the basis of race, religion, national origin, gender, disability, pregnancy or because you are over 40. Nothing you have posted suggests that the EEOC would have any jurisdiction here.

FMLA is not available for anything except medical leave for yourself or a qualified dependent. It is not available for bereavement leave and it is not available for generic time off. The eligibilty requirements are set by Federal law; you can't just take FMLA time whenever you choose. And in any case, FMLA is UNPAID time.

We don't have enough information to judge whether or not you can be required to pay a substitute. But being on salary (which is only a pay method) does not obligate your employer to pay you when you are out of work for personal reasons EVEN IF you are exempt.

[Pattymd]

And, if you pay someone to substitute for you, it's an indication that you very well may be treated as an independent contractor. Employees, by definition, must perform their services personally. Independent contractors can hire someone to perform the duties for them.