Shut-Down

849346

If the office is having a new floor put in, can we require employees to use their vacation time for the week. If employees do want to use their vacation time, can they use other time, ie. sick time. Do we have to give them an Unemployment Notice? Are we required to pay them for this week?

Don D

I could list ten 'unless' things; but, will say if the company has a need to shut its doors for a period of time, it may do so. You should call it a lack of work layoff and allow any who can to use their leave banks to continue their pay. You do not have to pay them otherwise (unless, unless, unless).

All of them can file a claim for unemployment. In most states they can draw a claim if this is not the first week of layoff in their benefit year, even while drawing vacation pay. Otherwise it will be ruled their 'waiting period week'. Give them all some sort of general Xerox notice of shutdown and the reason and fax a copy to your UI claims office. You'll get their questionnaire to fill out anyway.

Oh, and don't be surprised when you have to replace those who found other work while you replaced the floor.

ritaanz

When we had extensive renovation work done, we continued business as usual. Most of the work (removing walls, picking up carpet, putting in new ceilings, etc.) was done on Friday night, all day Saturday and Sunday. We moved people around so that an area was empty for the contractors to work on. It was a bit confusing but the employees understood and looked forward to their new surroundings.

Trinity

I have a question regarding this..if the employees were salaried and willing and able to work, don't they have to be paid for this week, or would they have had to work at least part of the week to get the pay?

Don D

No ma'am that's not federal law. Perhaps some state law might address that, but not FLSA. But it is a really, really unwise decision to do something like that. By now, the floor is either already laid or the business has figured out it can't afford the materials.

Balloonman

The work could always be done after hours or on the weekend. Sounds like management does not value their employees very much.
My $0.02 worth.
DJ The Balloonman

LFernandes

We had a mandatory shut down in our manufacturing facility for machine maintenance and required the use of vacation time (it also helped get some vacation time off the books). Employee's were not allowed to use personal or sick time for the shut-down period. We didn't loose any employees - it was in the middle of summer and I think everyone was happy for the days off.

We gave everyone a month's notice so that they were able to plan a vacation around the days.

Good luck.