If an employer gives a worker a week off due to lack of work, does the worker have to use a vacation week?
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If an employer gives a worker a week off due to lack of work, does the worker have to use a vacation week?
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My mother wants to know if she has to use a vacation week if her employer gives her a week off from work because they don't have anything that needs to be done. Is this just a matter of company policy? Are there laws about this?
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By the way, we live in New Jersey, if that's important.
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Judy
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There's no law that says the employer can't require her to use vacation. He's actually giving her a break by being paid for the week. |
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Ryan M
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They are doing this so that your mom will continued to get paid during this week. Her job can just as easily tell her to go home for the week and NOT pay her a cent! They are sort of doing her a favor. There are no laws regarding this directly....more of a matter of internal procedures of the company. If you mom does not want to use her vacation time, I cannot see why her employer would not want to pay her nothing for the week |
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rwa000
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vacations and other benefits are considered a gift and as such are not subject to any laws, if the employer says she has to then she must, if they say its up to her then she can do as she sees fit |
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Cristobal Salvaje
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I dont believe the days come out of her vacation days, but I would be more worried about my job and keeping it rather than worrying about it effecting vacation days |
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sailboatsandbutterflies
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She should check with her state labor department for details & the ruling on this.
Usually though I'd think it would be similar to being laid off. Not a vacation week--not unless she wanted it to be.
But check with the labor department--that is what they get paid to figure out |
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ibu guru
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It's not a matter of law, but of company policy. If she wants to get paid for the week, she uses her accrued vacation time, if any. Since she has accrued vacation time & the company will pay her vacation pay, she cannot try to collect unemployment for that week, then take vacation pay in addition, whether now or later. |
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