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ValTheLawCom

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My office in VA was closed for two days due to severe weather conditions, tornado watch, and power outage. It was reopened on Friday, and our VP said that it will also be open on Saturday so employees could make up their time. If someone does not want to come on Saturday, he (she) should mark it as vacation. Is it legal? If the office was open, but the associate did not come – then yes, it was his choice, and he used his time off. If the office was closed, shouldn't it be company's responsibility?
 
My company is doing something similar for Christmas vacation this year. Instead of those that want of putting in vacation time, those that put in vacation time first get the vacation time, and pay. The rest of us will not get paid because they've decided to just be closed that week and warned us to use our vacatino time wisely. I'm already using my week for Florida this summer, and I won't have my kids that week they are closing, so it woud be pointless for me to even ask off.
 
In my case they transfer the responsibility for bad weather to employees. I personally worked from home during these two days because my project cannot wait, and now I realize that I also have to put in my Saturday - not because it was my choice not to work, but only because the office was closed.
 
It is 100% legal in all 50 states for an employer to require an employee to use vacation time for such a shutdown.

Whether it should be the employer's responsibility or not, the law is not going to prohibit them from requiring that you use vacation for this time.
 
There is no such requirement.

It might help you to understand if I explain that vacation is not a benefit required by law in any state. That being the case the employer gets to make all the rules about how vacation is used, when, and under what circumstances. Neither Federal nor state law has any laws about the use of vacation time and only one state has any laws about the way it is applied (and even in that state, the law in question does not apply in this situation).

When it comes to the use of vacation, the law is whatever the employer says it is.
 
Thank you for the information.
I have another question. Let's look at the same situation from a different perspective. Both employer and I signed work agreement that stated that I have 10 days of vacation per year. We all know the definition of "vacation": it's my personal free time when I don't have to work. If I work from home, and I can prove it - it's not vacation. Should the employer be responsible for what he signs, or he can easily have false statements in the documents?
 
No, it is not your personal free time when you don't have to work, if by that you mean that you and only you should decide when you will take it. Nothing in the law says that you get to choose when to take vacation time. Vacation time is time that you are not working and still getting paid. Period.

The fact remains, your employer may legally require that you use vacation time for the time they were closed due to weather. Whether you were told about it in advance or not.
 
I am not talking now about whether it was my choice or not. I am talking about the fact that I worked from home and I can prove it - our client can confirm. If my employer can force me to take vacation for this day, then he can also force me to take me vacation for the days I worked in the office. What's the difference?
 
Okay, final time.

The law does not give one hoot if you worked that day and can prove it. They are STILL not going to prohibit your employer from requiring you to use vacation for that time.

Complain to your state representatives, not to me. I don't make the laws.
 
I am not complaining to you or to anyone, I am trying to understand my rights - in particular, whether or not I will be able to successfully dispute their decision. I guess, it was defined quite clearly in my posts.
 
And I have answered your question more than once.

I'm sorry if the answer is not the one you want to hear, but the plain and simple fact is that with limited exceptions in California ONLY and in CA ONLY for exempt employees, the law does not take any position at all on the use of vacation time.
 
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