Forums
Company Holidays
Benefits & Compensation
Company Holidays
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Here's a situation that we have where I work. 11/28 and 12/26 are not deemed as "Holidays" but the offices will be closed. I call this a "company holiday."
Are exempt employees required to take tho
0
Cat:Topic ForumsForum:ForumId52
Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId35264
1
|
Company Holidays
posted at 11/11/2008 1:50 PM EST
|
|
Posts: 1
First: 11/11/2008
Last: 11/11/2008
|
Here's a situation that we have where I work. 11/28 and 12/26 are not deemed as "Holidays" but the offices will be closed. I call this a "company holiday."
Are exempt employees required to take those days off as vacation / floating holiday or have their pay docked for those days?
I'm looking at it like this, exempt employees who are given the day off, must be paid their full weekly salary if they work any hours during the week in which the holiday falls. -- So no docking of pay if they work "some" during that week.
As it stands, as of today, we are planing on making all exempt employees take those days off as vacation. If the employee doesn't have any vacation time remaining and works any during that week, then they get those days off. -- Essentially giving those employees with no vacation time remaining two additional vacation days.
This seems like a double standard to me. Penalize the employees with vacation time remaining and those that have none, get the day off "free of charge."
Anyone know where to did out the answer to this?
Thanks,
RP
|
2
|
Company Holidays
posted at 11/12/2008 1:45 AM EST
|
|
Posts: 1783
First: 11/11/2003
Last: 5/13/2010
|
It comes from the Fair Labor Standards Act.
It IS unfair that those w/o paid leave are getting two free days off while others use their PTO, but it's not illegal.
|
3
|
Company Holidays
posted at 11/12/2008 4:17 AM EST
|
|
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
|
I agree it sounds unfair, but it is not illegal. It would be illegal to not pay them.
One solution, while not best business practice and possibly not legal in some states, would be to take the vacation balance into the negative for those that don't have vacation available. Then as they accrue future vacation, it would get netted out. If that same employee terminated prior to accruing enough, there is also the question of whether you could deduct it out of a last paycheck. However, I would make sure that the employee signed some type of deduction authorization to do so -- most states require at least that. But you would need to check specific state laws to see if it is possible in the states that you do business.
Personally, if the company wishes to close the office and require employees to use vacation time, they should have communicated that to employees long before now. I know for example that HP closes the week between Christmas and New Years and tells all prospective employees that this happens and to save vacation time to get paid.
|
4
|
Company Holidays
posted at 11/12/2008 7:49 AM EST
|
|
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
|
Actually there is now an article on the Workforce front page about GM requiring salaried employees to take 12/22 and 23 as vacation. And it states that if they didn't have remaining paid time, they would be paid, but two days would be deducted from next years' vacation bank. The affected employees were in Michigan and Arizona and I suspect are union employees.
|
Stay Connected
Join our community for unlimited access to the latest tips, news and information in the HR world.