Legal to require paid/unpaid leave due to inability to provide workspace?

[mub84]

Hi,
Was just wondering whether it was legal for a government contractor in the Beltway area (headquartered in VA) to require employees to:

1) take paid leave;
2) take unpaid leave; or
3) make up missed hours within the next 9 business days (ie pay period)

solely because the employer

1) cannot provide workspace at headquarters; and
2) does not allow telecommuting

on a day that the Federal government is shut down by Presidential decree? The employees in question usually work on-site at a Federal agency, whose doors would be shut on such a day, precluding them from working on-site.

Thanks,
MUB

 

[FlyingRon]

Absent some contract (between you and the employer) to the contrary, they CAN make you take leave on days you do not work even when they shutdown (or the government does).
If you are a non-exempt employee, they are not obliged to pay you (paid leave) for time you do not work.
If you are an exempt employee, they are obliged to pay you (though they can force you to take leave to get that pay).

A government shutdown doesn't affect this at all if you are a contractor. The contractors are allowed to continue to work for work they have already been authorized for. Of course, if it involves a facility that the government has shut down it will not be possible. Further, despite the fact that Congress may authorize pay for GOVERNMENT employees who were furloughed due to the shutdown, that doesn't extend to you.

 

[mub84]

Thanks very much for the explanation, FlyingRon! Very helpful.

**************.....

 

[Silverplum]

Just FYI, I believe the poster was talking about Dec. 26, which has been declared a holiday-day by Pres. O. Federal offices will be closed that day.

 

[cbg]

While you may well be correct, the answers remain the same. All three of the proposed scenarios the poster asks about are legal if he is non-exempt; if he is exempt numbers 1 and 3 are legal anyway while number 2 is legal if he does no work at all during the entire week.

 

[Silverplum]

While you may well be correct, the answers remain the same. All three of the proposed scenarios the poster asks about are legal if he is non-exempt; if he is exempt numbers 1 and 3 are legal anyway while number 2 is legal if he does no work at all during the entire week.

Absolutely. I'm just clarifying that there is no "govt. shutdown" in the near future.

 

[FlyingRon]

Absolutely. I'm just clarifying that there is no "govt. shutdown" in the near future.

My wife is a fed, I've been a fed and a contractor in the past. FEDERAL HOLIDAYS have no mandatory meaning to non-federal employees. I was expected to work federal holidays whether the feds where there or not.

 

[mub84]

Absolutely. I'm just clarifying that there is no "govt. shutdown" in the near future.

You're right, sorry if I caused any confusion with my use of "shutdown".
Thanks to all who have responded.