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Forced Vacation Time
TheMarshal
Registered User regular
Registered User regular
So, my company currently occupies two offices in the same building, and at the end of the year (presumably coinciding with the end of the lease on the office), we're going to be consolidating everyone into one new office in the same building. The thing is, this is going to require two weeks of construction, for which they are forcing us to use vacation time.
These two weeks actually coincide with 5 days of already-established company holidays, so it only means that we have to take 5 vacation days (but still, that's 6 months of accrual for most people!).
Below the cut is the schedule
They're making EVERYONE take the days as vacation, even if people don't have the 5 days saved up. They'll just be deducting from future vacation accrual.
So of course my question is: "Is this kosher in California?"
These two weeks actually coincide with 5 days of already-established company holidays, so it only means that we have to take 5 vacation days (but still, that's 6 months of accrual for most people!).
Below the cut is the schedule
Spoiler:
They're making EVERYONE take the days as vacation, even if people don't have the 5 days saved up. They'll just be deducting from future vacation accrual.
So of course my question is: "Is this kosher in California?"
TheMarshal on
Posts
Just being the general FAQ it doesn't exactly cover your situation, but if it seems to imply that the employer has pretty broad discresion.
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if your office is closed for renovation/maintenance/emergency repair i really doubt they can force you to use vacation days. i think they can tell you to either use vacation days or suck up the unpaid time off as they will be closed regardless of which you choose to do.
as was suggested, call the labor board.
But... really is that what you want to do? This is set up so you can keep your income while they work on the office.
I don't really understand his company's logic in forcing people to use vacations but it sounds like your company has a pretty legit reason. I think the cali labor board is going to rule in favor of your company - there's no way you can do work during renovations, so they should not have to pay you during that time, or you can take vacation.
It sucks, I'm sorry. =/ Will you at least be able to make it a fun vacation, rather than a sitting-around vacation? (which is unfortunately what my boyfriend and his coworkers usually end up with, it's not fun)
#FreeScheck
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That's the worst and most expensive time of year to be actually traveling, so good luck doing anything besides sitting at home.
If I ever worked for somewhere that did this, I would seriously consider looking for new employment.
The expense of traveling at that time of year is very much dependent on where one is traveling to. Going somewhere that isn't in its peak travel season at that time of year can actually be quite cheap.
As far as the work situation - they have to close, and you have to use vacation time if you want to be paid for that period of closure. It isn't clear whether the option to not use vacation time, and not be paid at all for those extra days, is an option to you. Either way, this isn't really an atypical move at all given the situation - businesses that can afford to pay their employees during an abnormal period of non-work like that are more the exception than the rule.
Most of the time if a company was going to do such an extensive move, they would simply say "Everyone, we're going to be closed for a week, you all get those days as bonus vacation, nobody gets to complain you're still being paid."
It's generally easier to address such extraordinary interruptions to work by erring in favor of the employees so they aren't inclined to argue with HR. If they're erring in favor of accounting (by using credited personal vacation time), then they're either remarkably stingy or really short on money.
No, companies that would make that kind of gesture really are the exception to the rule.
Really. Largo, if you've found and are working for a company that does this you are a lucky lucky person.
Most corporations will screw their employees as far as legally possible, and then try to push just a little further.
Spend time with your friends/family. If saving money is really that important you can still pick up a reasonable flight if you're flexible and willing to take a shitty flight.
You may want to look for a new job, but this is a pretty standard HR move and at least they'll take vacation from future PTO accrual rather than dock the employees in the red.
#FreeScheck
#FreeSKFM
The employees of the company I work for collectively own 80% of the company.
Also pretty rare.
I don't really think this is the company trying to dick over the employees. They have to do the building renovations, in theory. They can't afford to rent additional space. It's a part of the year where a large portion of employees, especially those with families, want to take lots of vacation anyway. It may not be perfect for everyone, but I don't think this is an example of the man really holding someone down.
If you don't like your job that much anyway, it's certainly a great time to brush up your resume. Don't perceive this alone as a sign that your company is evil and will mistreat you eternally, though.
Honestly, I get that they've timed it so that we use the least number of vacation days, and they're willing to debit us from future vacation instead of forcing those without any time saved up to go without pay, so they're definitely trying to look out for us. My decision to look elsewhere for employment has more to do with the actions management took (or didn't take) for us to get into the situation we're in now than this. I was upset with this at the time, but the more I look at it, the more I understand that they're doing the best they can with a bad situation. I just no longer want to deal with the people who got us into this situation.
Bunch of places force vacation time to be used by the end of the year. I know City of Omaha employees have to burn vacation near year's end.
Also interestingly, my dad cannot work a certain number of hours at his job consecutively without a vacation, so he's burning some of his vacation time for the entire next week. If you choose to try and test the rule, you'll be escorted out of the building. (But not fired)
The dickish thing ist that most of you yanks get so little vacation time, not that your employer can make you take it during periods when business is low. I live in Germany and here you get a legal minimum of four weeks of paid vacation per year (most people get more, I get six) which kind of takes the sting out of having to take two weeks during the slower times of the year.
I don't mind it because I would take the time off anyway, but I know some of my co-workers aren't exactly crazy about the policy.
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Did anyone ever find a state or situation in the U.S. where they couldn't do this to you?
I'm not sure this is entirely legal, at least in my state I'm pretty sure sick leave and personal leave are the same thing under the law and if you want to use sick leave because you're sick of working so damn much it's perfectly fine.
Edit: I guess after looking into it this is not the case and the places I've worked for in the past have just been flexible about using sick leave for personal time.
#FreeScheck
#FreeSKFM
Same.
3 weeks of vacation
1 week of "personal days" - appoitments, whatever, usually just an extra week of vacation
Sick days, I call in, say I'm sick and I come back when healthy. No set limit or pool of days.