Forced to use vacation day?

[MissRxThang]

What is the name of your state (only U.S. law)? PA. Not sure if this is the correct forum to post but I was wondering if my employer is allowed to make hourly workers use a vacation day on a day where there is inclement weather? The Governor issued a state of emergency and closed all the roads and highways (literally plowed the on-ramps shut) The power also went out in the building that day, so there was nothing that could be done all day anyway. I contacted my boss early that morning and told him I was going to try to come in and he told me not to. Now we find out that we have to use vacation pay to cover the day or take it without pay. Salaried workers are not being required to use vacation time for this, they are being paid. I could absolutely see using pto if it were possible to get into work, but it wasn't due to having 36" of snow on the ground. Thanks.

 

[pattytx]

Yes, they may. They could have for exempt (if that's what you mean by "salaried") as well. It's just that, whether they required it or not, exempt employees would have had to have been paid either way; nonexempt employees would not have.

 

[MissRxThang]

Re: Forced to use vacation time

Thanks for your answer. I understand where you are coming from, but I guess that what I am confused about is the fact that there was a state of emergency issued by the Governor that we were NOT allowed on the roads period, so my employer is in essence forcing us to come to work anyway against goverment orders or not get paid. And there was no power either so we would not have been able to do our jobs anyway. Thanks

 

[Zigner]

Thanks for your answer. I understand where you are coming from, but I guess that what I am confused about is the fact that there was a state of emergency issued by the Governor that we were NOT allowed on the roads period, so my employer is in essence forcing us to come to work anyway against goverment orders or not get paid. And there was no power either so we would not have been able to do our jobs anyway. Thanks

Why should your employer be FORCED to pay you for time you didn't work? I mean...really?

 

[MissRxThang]

Forced to use vacation pay

Then they should make EVERYONE use vacation time, including the salaried workers. I was told by my supervisor NOT to come in, even though I was going to. It is not fair that some are made to use it or not get paid, and some are getting paid for it when they didn't work either. There was a state of emergency, and no power, so we wouldn't of been able to do our jobs anyway. Patty, thanks for your answer and help.

 

[swalsh411]

You have your answer. What your employer is doing is legal. Whether it is fair or not, or whether you agree with it or not, is not relevant in a legal sense. If you don't like your employer's policies when it comes to inclement weather then find another job.

 

[MissRxThang]

forced to use vacation

I know I got my answer, hence the reason I thanked Patty twice. Now find somewhere else to play children. Thanks again for your answer Patty.

 

[cbg]

The law does not care whether it is fair. The law only cares whether it is legal.

In all 50 states, it is legal for an employer to require both exempt and non-exempt employee to use vacation time when the company is closed for inclement weather. It is also legal in all 50 states for employers to only require hourly paid employees to use vacation time when the company is closed for inclement weather.

The law does not give two hoots whether you think that is fair or not. Neither do we.

Now, child, take your complaints about how unfair it is somewhere else.

 

[MissRxThang]

forced vacation time

You know, I didn't come on to this site for alot of years because ppl reach out to you for legal help and instead of just answering the legal question, one or the other of the "seniors' on here has to give some sort of sarcastic remark when I already acknowledged Patty for giving me the correct legal answer. Where the heck do most of you get off treating others like that? You should be ashamed of yourself. Should have known that it would be the same ole thing. Once again, thank you Patty for the legal info and for not making a bad situation worse by giving someone that's just looking for a little help lip.

 

[cbg]

And it's also unfortunate that so many people come on here whining "it's not fair".

Very childish.