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Using Vacation Time when Employer Offices are Closed

63124116312411 3 Posts
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Does anyone know if an employer can require it's employees to use vacation when the employer closes the office?  For example, can the employer state that the office is closed for the holiday on December 25 and December 26, but the employees must use vacation days in order to be paid?  If yes, is the employer required to give advanced notification to employees so that they can plan accordingly (hold back vacation days for this purpose)?  These are non-exempt employees in Pennsylvania.
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  • Chicago1Chicago1 63 Posts
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    Private employers are not required to provide employees with paid or unpaid vacation time. So, vacation is governed by the employer's policies, or by a union or government contract that provides for vacation. In case of a company shut-down over the holidays, most non-exempt employees would want to take vacation time so they could get paid.  If the company knows about the shut-down in advance, it's a good practice to give employees advance notice, but it's not required by law.    
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="6312411"]Does anyone know if an employer can require it's employees to use vacation when the employer closes the office?  For example, can the employer state that the office is closed for the holiday on December 25 and December 26, but the employees must use vacation days in order to be paid?[/quote]

    You are asking two different questions.

    1. Can I force employees to take vacation?  The answer is yes in every state I know of, which isn't every state.  I would guess yes in PA but someone else here can probably answer more authoritatively.
    2. Can I not pay non-exempt employees during office closures unless they use vacation time?  Yes.

     

    [quote user="6312411"]If yes, is the employer required to give advanced notification to employees so that they can plan accordingly (hold back vacation days for this purpose)?[/quote]

    I don't think you have to give advance notice either way.  The Company can set whatever schedule it likes, unless you have a CBA or other authoritative policy, practice, law, or regulation in place.  You don't have to tell people to hold back vacation time in case there's an ice storm, do you?

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