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Holiday Pay - Indiana
Benefits & Compensation
Holiday Pay - Indiana
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I have an employee that was laid off in November and was called back to work recently. This employee is claiming that they are entitled to Holiday pay for the Thanksgiving, Christmas and New Year's ho
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Forums » Topic Forums » Benefits & Compensation » Holiday Pay - Indiana
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Holiday Pay - Indiana
posted at 3/29/2010 5:57 AM EDT
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Posts: 92
First: 2/4/2002 Last: 3/28/2011 |
I have an employee that was laid off in November and was called back to work recently. This employee is claiming that they are entitled to Holiday pay for the Thanksgiving, Christmas and New Year's holidays that the company offered because they were laid off from the company through no fault of their own and friends that they have have received their Holiday pay. I have never heard this. Holiday pay is discretionary at the company. Can someone help.
Thank you. |
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Holiday Pay - Indiana
posted at 3/29/2010 10:02 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I dont' know of any state or federal laws that support this (so yes, under law, I would agree it is baloney). However, what do your company policies state? Is this unionized? If so, what does the CBA state?
When you say this was a "layoff", was it truly a layoff where you expected them to return once business picked up or was this a euphemism for a polite termination? And this really was a rehire? What is your policy for paying holidays for other leaves of absences? Or unpaid timeoff whether at the employee's request or not? Sometimes companies can get into troubles such as this when they call polite terminations a layoff rather than what it truly is -- a termination. And when they have policies that don't support whatever action they are trying to take. In most cases, I would agree with baloney..but have to wonder where the person got the idea that this situation might have been the same as his friends! |
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Holiday Pay - Indiana
posted at 3/29/2010 11:00 AM EDT
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Posts: 92
First: 2/4/2002 Last: 3/28/2011 |
Thank you for your responses.
This was truly a "layoff" due to business conditions and this person was called back because we had someone resign. They are not a unionized facility. I contacted both the IN Labor Dept. and our legal counsel and they both stated that there is no legal requirement and basically this person is full of "baloney". I'm not sure where this person received their information also but I will not be issuing any payroll for this time. I certainly believed I had the right answer but to just to clarify, I contacted legal counsel and found out my answers were correct. Thank you. |
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Holiday Pay - Indiana
posted at 3/30/2010 2:48 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Agree, if he/she is wasting a whole lot of your time bugging you about this, then maybe this isn't the kind of personality you want working for you.
However, I think if he he/she just asked once, I'd let it go...I always figure there's no harm in asking, once anyway. |
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