Forced to take 5 consecutive unpaid days off.

[Kerlys]

What is the name of your state (only U.S. law)? Texas. My company has a policy that ALL employees must take 5 consecutive days off a year. As a part-timer I don't qualify for vacation hours till I complete a year of employment. Part-timers do not get paid sick days. My company is making me take 5 UNPAID consecutive days off because of their policy . Is that legal? Is it fair? What can I do?What is the name of your state (only U.S. law)?

 

[cbg]

Yes, it is legal. Yes, it is fair. Why should you be allowed to work when everyone else has to take time off?

(But even if it's not fair, as long as it's legal, nothing else matters.)

The employer decides who works when. Unless you have a legally binding and enforceable contract that specifically says that you cannot be required to take unpaid time off, guess what? You can.

 

[OHRoadwarrior]

If you do not like your employers rules, you are free to get another job.

 

[Kerlys]

I understand that to be fair if every employee has to take 5 consecutive days off the so should I. But what I have trouble understanding is why do part-timers have to suffer our first year with the company? When we don't qualify for vacation hours like the full-time employees do. Full-time has the choice to use their vacation and sick pay, but why do part-time get discriminated against? Why don't we get a choice? Why is it take it or leave? Is that legal? Is it legal for your position not have the same choice and/or benefits as the other employees? I feel discriminated for being a part-time because I have to follow policy and take 5 consecutive days off unpaid (not like everyone else who are full-time with paid vacation and sick time) and my only other choice is to leave the company. Can they do that?

 

[HomeGuru]

I understand that to be fair if every employee has to take 5 consecutive days off the so should I. But what I have trouble understanding is why do part-timers have to suffer our first year with the company? When we don't qualify for vacation hours like the full-time employees do. Full-time has the choice to use their vacation and sick pay, but why do part-time get discriminated against? Why don't we get a choice? Why is it take it or leave? Is that legal? Is it legal for your position not have the same choice and/or benefits as the other employees? I feel discriminated for being a part-time because I have to follow policy and take 5 consecutive days off unpaid (not like everyone else who are full-time with paid vacation and sick time) and my only other choice is to leave the company. Can they do that?

**A: I suggest you read the post by cbg again. Get over it.

 

[cbg]

But what I have trouble understanding is why do part-timers have to suffer our first year with the company? Because that is what company policy says. Nothing in the law guarantees you the right to be put on the schedule every single week.


Full-time has the choice to use their vacation and sick pay, but why do part-time get discriminated against? Discrimination would be treating you differently than everyone else. You're not. You're being treated exactly the same as everyone else. If you were allowed to work and full timers weren't, by your definition it would be they who were discriminated against. Why is it okay to discriminate against them and not you?

Why don't we get a choice? Because that's what company policy says.

Why is it take it or leave? Because that is what company policy says.

Is that legal? It is 100% legal. I already told you that.

Is it legal for your position not have the same choice and/or benefits as the other employees? Yes.

I feel discriminated for being a part-time because I have to follow policy and take 5 consecutive days off unpaid (not like everyone else who are full-time with paid vacation and sick time) and my only other choice is to leave the company. Can they do that? Yes.

If you don't believe me, feel free to contact your state DOL and/or any employment lawyer you care to ask. But I assure you that you'll get exactly the same answer. Unless, of course, the lawyer you contact is unscrupulous and sees a chance to get a great deal of money out of you to write your employer a perfectly meaningless letter that the employer can laugh at and throw in the trash.

 

[eerelations]

If you don't believe me, feel free to contact your state DOL and/or any employment lawyer you care to ask. But I assure you that you'll get exactly the same answer. Unless, of course, the lawyer you contact is unscrupulous and sees a chance to get a great deal of money out of you to write your employer a perfectly meaningless letter that the employer can laugh at and throw in the trash.

...and then fire you. Whuch would also be legal.

 

[xylene]

You know when you are going to be on 5 day furlough - right?

Call a day labor service and get work for those days.

 

[commentator]

If you are forced to take five consecutive unpaid days off in a row, any number of unpaid days off in a row, file for unemployment insurance for that week. That is doubtless what your DOL would tell you to do.

Yes the employer can insist that you take the days off, after all they control your work schedule, but any time when a person is off work for unpaid time in a week, through no fault of their own, when during any Sunday through Saturday week, they actually make less in gross earnings than they could have drawn in unemployment weekly benefit, then they can sign up for and be eligible for a week of unemployment.

You'd file, and the claim would set up, to be in place for a year from the date filed, any time that you were off without pay and determined eligible.Though Texas has a waiting week, and you probably will never be paid for that one week in unemployment insurance, I'd still file for it. And if the company fires you for doing it, then they are of course, completely on the hook to pay higher unemployment taxes, as the state will very likely continue the unemployment insurance benefits until the person finds another job.

Many places close for two weeks during the Christmas holidays without vacation pay, and they file partial claims for their employees for those two weeks. Because they know the people are entitled to file these claims and eligible to be paid for any unpaid weeks. If they are receiving vacation pay, expecting to go right back, and the vacation pay is more than their weekly benefit amount would be in unemployment insurance, then of course they won't qualify for a claim. But people who do not qualify for vacation pay can always file for unemployment any week they do not work because of the employer's decision.

While you'd probably make more during that week off if you did elect to go down and get a pick up job at a temporary work service, you definitely have the right to file for an unemployment claim. Temp. jobs for one week only may or may not be available and easy for you to get. Your employer can say we don't have work for you this week, it's company policy that you have to take an unpaid week at least once a year, but they cannot avoid your filing for unemployment while they are doing it to you, and their having to pay those unemployment benefits if you qualify for them.

The trouble is if this happened to you more than a few weeks ago, it is probably too late to go back and file the claim for that week. So you just move on, wiser now. But if it hasn't happened to you yet, I'd by all means file an unemployment claim during that week I was off and get it set up. As I said, it'll be your waiting week on the new claim, so that if you are off again anytime in the next year, there will not be another waiting week.
I'd not brag or advertise or threaten my employer that I was going to do it, I'd just do it. Meantime, stop whining and complaining about the situation, particularly to your co workers and to your employer. Filing a claim for the week you are off is the correct thing to do. Then of course, you'll go back to work as soon as the week is over.

 

[cbg]

You know, I was even going to go back and suggest that; then when I got here and saw all the whining I was so annoyed I forgot. Thanks for the reminder.