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Volunteer unpaid leave Illinois

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  • Volunteer unpaid leave Illinois

    Hi all - My company has asked for people to voluntarilty take unpaid leave. However they cite some law that states you must take it in a block of five. Another words, you can't take a day off there or there, you must take a full 5 days of unpaid leave. I've never heard of such a thing and my friends tell me that have taken individual unpaid days as well. I cannot seem to find any information about unpaid days and rules/laws. Does anyone have any information on this? I'm thinking my company is trying to pull a fast one on all of us.

  • #2
    There are no laws regarding this for hourly employees. That is the compnay's decision. They can have you take off days or a week.

    Exempt employees must be paid for a full week regardless of how many hours they work, so it is very common for exempt employees to have to take a week at a time.

    Are you exempt?Do you normally get overtime pay/
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      Volunteer unpaid leave Illinois

      Originally posted by Morgana View Post
      There are no laws regarding this for hourly employees. That is the compnay's decision. They can have you take off days or a week.

      Exempt employees must be paid for a full week regardless of how many hours they work, so it is very common for exempt employees to have to take a week at a time.

      Are you exempt?Do you normally get overtime pay/
      I am exempt and all of my friends are too. Which is why everyone says it's strange that my company is saying you have to take a week, when they did not have to do that themselves. In fact one of my friends took a couple days unpaid because work is so slow. But he took a couple of Fridays off. Is there something specific that is cited for this situation? I can't find any law that says exempt employees MUST take a week. The company is claiming there is a law that states this.

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      • #4
        Here's the regulation.
        http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_G.htm

        However, as you can see from the law above, even salaried exempt employees who do no work at all in the workweek do not need to be paid. That's why the employer says "block of five", meaning, evidently, a full workweek.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          Here's the regulation.
          http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_G.htm

          However, as you can see from the law above, even salaried exempt employees who do no work at all in the workweek do not need to be paid. That's why the employer says "block of five", meaning, evidently, a full workweek.
          Interesting and thanks for this. I do wonder though, how is it other people are not bound by this? I presume it's the company making the concession to allow for taking an unpaid day here or there. Something to me is still not right. But I won't belabor the point. Luckily I can still say no to my company, but of course in this climate I don't know how long it will be until the force me to take the time. Thanks all!

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          • #6
            I think I can explain. When an Exempt employee requests to take a day off (leave) with out pay, that is their choice and does not create an issue with their exempt status. If the employer is requesting they take an unpaid leave, the employer must make it the entire work week as if they only forced the employee to take 1 or 2 days off without pay, the employer is in violation of the exempt status, especially if the employee is ready, willing and able to work and would still have to pay the employee the entire weeks salary.

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            • #7
              Originally posted by gabbygirl View Post
              I think I can explain. When an Exempt employee requests to take a day off (leave) with out pay, that is their choice and does not create an issue with their exempt status. If the employer is requesting they take an unpaid leave, the employer must make it the entire work week as if they only forced the employee to take 1 or 2 days off without pay, the employer is in violation of the exempt status, especially if the employee is ready, willing and able to work and would still have to pay the employee the entire weeks salary.
              This does make sense to a point. What do you consider "requesting"? The company is asking for volunteers, it's not mandatory. So how is that different from me asking for unpaid time off? At this point it is still my choice to take the time off or not. I would think even in this situation the reporting of the unpaid time wouldn't be different because it is not a mandatory situation. Meaning I should be able to a day, two days or a week.

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              • #8
                Requesting is "boss, I would like to take tomorrow off". It would not think that the company asking for volunteers to take time off would qualify, because the initiative is coming from the employer, not the employee. That's my opinion, but it seems to be the intent of the regulation I previously provided the link for.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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