Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Blocking vacation during company closures.

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Blocking vacation during company closures.

    Can an employer restrict the use of banked vacation time if they close for two weeks during the holidays? The employee is exempt and the time would be unpaid if vacation is not used.

  • #2
    In most cases, an employer has no legal obligation to allow the use of vacation at any time they don't want to. They are not obligated to provide paid vacation at all; they get to decide when and how it is used.

    However, in this specific instance I defer to the payroll experts.
    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.

    Comment


    • #3
      If the company is closed for two entire workweeks, exempt employees don't have to be paid at all.

      Having said that, though, if the employer will let the employee request that vacation be used to replace the weekly salary for as many days as he opts to elect, if I were the employer, I would approve that. There is no law that would force the employer to do so, however.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        I appreciate your comments. Unfortunately you're not his employer because I think they may opt to go the no vacation route. The company is in a dire financial situation and the shutdown is an effort to reduce costs. The only employees affected so far is the sales staff which seems a bit backwards but they are not critical to running the day to day operation so who knows?? I'm hoping it doesn't happen but thougtht I should try to be prepared just in case.

        Thanks again for your help! It's nice to know there is someone willing to answer these types of questions with easy to understand information.

        Comment


        • #5
          Well, if the company is in some financial trouble, I wouldn't have said what I did. Looks like maybe it's time to dust off the old resume?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Agreed. What state are we talking about? If you end up leaving it makes a difference.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              We live in Minnesota but the company is based our of Seattle Washington.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X