Employer Forces Employees to take PTO for Hurricane Evacuation

[dhchilds]

Texas

My employer is a contractor to a large federal agency. Recently, we were all forced to leave work for a mandatory evacuation from Hurricane Ike. We were released from work on Thursday, September 12 and were later informed that we could not return to work until Monday, September 22. Apparently, my employer's contract with this federal agency does not include paying me for lost time due to mandatory hurricane evacuation.

My question is this:
My employer has forced me to use all of my vacation time to fill the work hours lost during the hurricane. This made me absolutely LIVID. I have earned and accrued my vacation time to be spent on VACATION, not EVACUATION, with my husband and children. Can my employer, legally, to force me to use my vacation time for mandatory hurricane evacuation? Or do I have the legal right to refuse this and simply take the time without pay?

Thank you,

A very frustrated employee

 

[mlane58]

Texas

My employer is a contractor to a large federal agency. Recently, we were all forced to leave work for a mandatory evacuation from Hurricane Ike. We were released from work on Thursday, September 12 and were later informed that we could not return to work until Monday, September 22. Apparently, my employer's contract with this federal agency does not include paying me for lost time due to mandatory hurricane evacuation.

My question is this:
My employer has forced me to use all of my vacation time to fill the work hours lost during the hurricane. This made me absolutely LIVID. I have earned and accrued my vacation time to be spent on VACATION, not EVACUATION, with my husband and children. Can my employer, legally, to force me to use my vacation time for mandatory hurricane evacuation? Or do I have the legal right to refuse this and simply take the time without pay?

Thank you,

A very frustrated employee

Since there ins't a law to the contrary, your employer can decide when you use your vacation. You certainly could have refused and then have been terminated for it.

 

[cbg]

No law in any state mandates that you be granted vacation at all, let alone mandates the circumstances under which it is used; that being the case it is completely up to the employer when and how you use it.

 

[ecmst12]

Would you rather they didn't pay you for those days? I bet you really have a need for a full paycheck about now.

 

[Roo]

I don't believe you have the legal right to request the time off w/o pay but if you ask, your employer may accommodate you.

 

[Country Living]

I wonder - and hope not - if she's trying to have us as taxpayers pay for her time off.

UNEMPLOYMENT INSURANCE: Texas Workforce Commission is accepting applications for Disaster Unemployment Assistance (DUA) from individuals whose employment or self-employment was lost or interrupted due to Hurricane Ike starting September 7, 2008, and continuing. Applications must be filed by Wednesday, October 15, 2008.

DUA is available to individuals who:

- Worked or were self-employed or were scheduled to begin work

- Can no longer work or perform services because of physical damage or destruction to the place of employment as a direct result of the disaster

- Establish that the work or self-employment they can no longer perform was their primary source of income

- Do not qualify for regular unemployment benefits from any state

- Cannot perform work because of a disaster-related injury

- Who became the major support of a household because of the death of the head of the household.

 

[mlane58]

I wonder - and hope not - if she's trying to have us as taxpayers pay for her time off.

UNEMPLOYMENT INSURANCE: Texas Workforce Commission is accepting applications for Disaster Unemployment Assistance (DUA) from individuals whose employment or self-employment was lost or interrupted due to Hurricane Ike starting September 7, 2008, and continuing. Applications must be filed by Wednesday, October 15, 2008.

DUA is available to individuals who:

- Worked or were self-employed or were scheduled to begin work

- Can no longer work or perform services because of physical damage or destruction to the place of employment as a direct result of the disaster

- Establish that the work or self-employment they can no longer perform was their primary source of income

- Do not qualify for regular unemployment benefits from any state

- Cannot perform work because of a disaster-related injury

- Who became the major support of a household because of the death of the head of the household.

Since the OP was paid through the employer utilizing their vacation, they wouldn't be eligable for this program---can't collect twice.

 

[eerelations]

Since the OP was paid through the employer utilizing their vacation, they wouldn't be eligable for this program---can't collect twice.

And even if her employer approved unpaid leave time instead of paid PTO, the UI people would probably reject her claim for benefits based on her turning down PTO pay from her employer.