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Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 2 months ago

Can an employer make you take vacation days as a salaried employee to make up hours after being laid off?

I am a salaried employee who was laid off as of today but will be re-employed when they get business again. I will be missing out on 2 days because of this. I am technically scheduled to work the next two days and now will be short on hours because of the lay off. My employer says I have to take vacation time to make up these hours. Can they force me to use vacation days in a situation like this?

12 Answers

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  • Jane
    Lv 7
    2 months ago

    Check your contract of employment regarding lay-offs. It is possible that the employer has said to take vacation time as you will then be paid on the days where there is no work. If the lay-off is due to Covid19, then the arrangements vary depending on where you live- eg. in the UK, the government has promised to pay 80 percent of wages for people working in hospitality (pubs, restos etc) because these have been told to close

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  • Anonymous
    2 months ago

    In Brevity it depends whether you want to sue, whatever legal form,, //

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  • Judy
    Lv 7
    2 months ago

    They can. They're not legally required to provide vacation days, so can make the rules if they do. US answer.

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  • 2 months ago

    2 days?? Why rock the boat? Use your 2 vacation days. {If benefits are related to hours definitely use vacation time.}

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  • 2 months ago

    Listen to Casey.  Given all the uncertainty right now, if I were you I'd much rather have cash in the bank than "stored" vacation time for a company that you don't actually work for and might not ever go back to work for again.  

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  • Lolly
    Lv 7
    2 months ago

    You either do that or not get paid. You should be eligible for unemployment.

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  • 2 months ago

    I would take those vacation days right now...who knows if your business will ever reopen...?

    Accrued vacation days with a bankrupt business isnt worth that much...

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  • 2 months ago

    You weren't laid off if you are still being paid. 

    You aren't even being furloughed. 

    Yes, the company can tell you that you are required to exhaust all your paid time off days during this period.

    If you need additional time off later, then you can work with your employer on how this time should be paid or taken without pay.

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  • y
    Lv 7
    2 months ago

    You can opt to not get paid for them, not use them, just as they can decide if/when they get back up and running, they are not going to rehire you. Vacation time, whether or not you you get paid for it, get to cash it out and such. Varies from state to state and your actual contract langue.

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    • y
      Lv 7
      2 months agoReport

      States govern that time differently and companies use a viriety of loopholes and work arounds in regards to vacation/sick/personal time and such.

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  • 2 months ago

    You have a choice:  Be paid for fewer days OR use vacation time. They can't force you to take vacation pay.  Technically, if you are laid-off, you should be paid in cash for ALL of your accrued vacation as part of your severance package.  In addition, once you are paid, you may apply for unemployment benefits.  If you don't understand this, talk with the people in HR.  

    • A Hunch
      Lv 7
      2 months agoReport

      Yes, they can't force an employee to exhaust their vacation bank.  Vacation is a liability on the books and the employers need to get rid of this liability.  Of course, he isn't laid off if he is still being paid.  After his paid time off is exhausted, then he may be furloughed or laid off. 

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