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Lay-off and Vacation Time/Pay in Illinois Illinois

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  • Lay-off and Vacation Time/Pay in Illinois Illinois

    I hope I am asking this question in the correct forum. My Husband has been working for a large Hardware Chain Franchise and the owners of his particular store in Illinois have decided to close the store. As of August 31st the store will be closed and he will no longer have a job. He just became eligible for 2 weeks of paid vacation on July 23rd and since he had just over a month until the store will be closing, he put in requests for both weeks. Only one was approved though, the other was denied by the owner. We believe that he has done this in order to either put off my Husband's ability to file for unemployment for a week beyond the initial week waiting period or to not pay him at all. My questions are 1) Can my Husband demand this week of vacation time that he earned? 2) If he cannot, can he demand that he be paid for this week now so that it does not put his eligibility for unemployment benefits back a week? 3) Does the employer have the right to deny him the pay or time off for vacation earned since they are closing the store? Thank you for your time, it is greatly appreciated!

  • #2
    The employer never has to allow the employee to use vacation when the employee prefers it. As such, the employer is free to deny the time off or do as he did and approve only one week.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Reply

      Would that be true even considering that there is no other opportunity for the vacation time to be taken, through no fault of my Husband considering the job will no longer exist in under 30 days? Other employees have been able to take all of their time. Is it not discriminatory to single out 1 employee and not give them their earned vacation when everyone else has had theirs?

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      • #4
        It's only disriminatory if your husband was singled out on the basis of a protected characteristic such as his race, age, gender, religion, and so forth. Limiting vacation during the last month of a store's existence does not create a case of discrimination. Illinois does require the pay out of unused accrued vacation time on termination (please note the word accrued) -- I'm not sure if it's required when a store is going out of business. You can certainly check with the state department of labor.
        I am not able to respond to private messages. Thanks!

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        • #5
          Agree with Marketeer, although I wouldn't know why this situation wouldn't require the payment of the accrued vacation, unless it's actually a true lay-off, i.e., subject to recall, for example, to another store.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            It's not clear how much vacation the husband has accrued. Being eligible for vacation doesn't mean that the time has been accrued yet.
            I am not able to respond to private messages. Thanks!

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            • #7
              Marketeer has a point. A good point, actually.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                I do agree with Patty though in that I wouldn't know why this situation wouldn't require the payment of the *accrued* vacation unless it's actually a true lay-off.
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