Forced to take vacation before layoff

[Banjo]

What is the name of your state? Michigan

I work as a consultant to the automotive industry. Due to a local UAW strike, my customer doesn't currently need my services on a day-to-day basis, however, my company continues to get paid it's "consulting" fee for our services, since we are on a contracted term with the customer. Today, my company told me they will be forcing me to use my vacation time. After my vacation time is consumed, they will explore other options (i'm guessing a temporary layoff). I'm fine with taking a temp. layoff, but I feel that they can't force me to take 3 weeks of paid vacation until then. I'm getting married this year and plan on using my vacation for my honeymoon. A coworker is having a baby next month, he's in the same boat. Can they force me to take vacation, or should i be entitled to unemployment instead. If unemployment, what happens to my healthcare while I'm unemployed (important to the guy that's having a baby).

Current Occupation: Consultant
Which Employer: Current Employer
Length of Employment: 5 years

 

[Beth3]

Can they force me to take vacation Yes. Your employer doesn't have to provide paid vacation in the first place and they can mandate when you take it should they wish to.

what happens to my healthcare while I'm unemployed (important to the guy that's having a baby). That's something you'll have to discuss with your employer.

 

[Banjo]

Re:

They don't have to provide paid vacation, but they do as outlined in the company policy. If they are telling me that I have to take three weeks of paid vacation and then i will be laid off for a yet-to-be-determine amount of time (dictated by the current UAW strike), isn't that the same as telling me I'm laid off today?

I will obviously make more money using my vacation, but according to their plan, I won't have any vacation time, paid or unpaid, for my honeymoon.

I know there's a difference between something being illegal and something being unfair, but I just can't fathom that there's not something to stop them from making me consume my vacation. I'll take a layoff.

 

[Zigner]

What is the name of your state? Michigan

I work as a consultant to the automotive industry. Due to a local UAW strike, my customer doesn't currently need my services on a day-to-day basis, however, my company continues to get paid it's "consulting" fee for our services, since we are on a contracted term with the customer. Today, my company told me they will be forcing me to use my vacation time. After my vacation time is consumed, they will explore other options (i'm guessing a temporary layoff). I'm fine with taking a temp. layoff, but I feel that they can't force me to take 3 weeks of paid vacation until then. I'm getting married this year and plan on using my vacation for my honeymoon. A coworker is having a baby next month, he's in the same boat. Can they force me to take vacation, or should i be entitled to unemployment instead. If unemployment, what happens to my healthcare while I'm unemployed (important to the guy that's having a baby).

Current Occupation: Consultant
Which Employer: Current Employer
Length of Employment: 5 years

Take the pay from your "paid vacation" and put it in the bank...voila! Unpaid time off. You can explore the unemployment options AFTER you have exhausted the paid vacation.
(Yes, barring any CBA or bonafide employment contract, they can do this.)

 

[Zigner]

...I won't have any vacation time, paid or unpaid, for my honeymoon.

And that, realistically, is not your employer's problem.

 

[cbg]

Does your company policy SPECIFICALLY say that you, and only you, get to decide when to take your vacation? I'm betting not.

 

[VeronicaLodge]

so im confused, how he thinks he will be able to use his vacation time later if he is laid off during his honeymoon time.

 

[Banjo]

Re:

It's a temporary layoff, for a month or so. So say I come back to work mid-May. From then until the rest of the year, I'll have no vacation days. So come this fall, when I have my already-paid-for wedding, if I want to take my already-paid-for honeymoon, I'll have to quit my job.

 

[cbg]

Or take the time unpaid.

Unfortunate as the set of circumstances is, there is STILL nothing in the law that prohibits your employer from telling you when you can and cannot take your vacation.

 

[Beth3]

It's a temporary layoff, for a month or so. So say I come back to work mid-May. From then until the rest of the year, I'll have no vacation days. So come this fall, when I have my already-paid-for wedding, if I want to take my already-paid-for honeymoon, I'll have to quit my job.

I realize you're in a lousy situation but your employer is completely free to require you to take your vacation whenever THEY wish you to take it. Obviously, quitting your job in order to take your honeymoon is a really stupid idea, particularly with a new wife and a baby on the way. Talk to your employer about (1) taking paid vacation in advance (from your next year's allottment) or (2) taking an unpaid leave of absence for your honeymoon (and if you can do that, then start putting some money aside so you have some $ for that period of time.)

Chances are your employer will be understanding - it's your HONEYMOON. I've done this a number of times for employees who didn't have vacation time coming for one reason or another.