Require Paid VAC/SICK time for Maintenance Shut-Down?

CindyG

One of our production departments is shutting down for two days after the Christmas holiday for scheduled maintenance. Can we require the employees not working those two days to use their vacation or sick time pay for these two days off? With lack of work, we let the employee decide, but the company owner is viewing this differently from a lack of work. What are your practices in an instance like this?

POPEYE

Just as you do with your "lack of work", we would allow the EE to choose but not require. What if you have EEs that have no time available?

atrimble

Taking a cue from the unemployment department, if no work is available (which is how I see your case) then we would allow a not-working employee to choose whether to burn accrued leave. If the employee doesn't have any accrued leave, then leave without pay is approved and wouldn't count against any kind of attendance policy. Since it's only two days, I can't imagine UI approving unemployment, but be careful how you phrase the notification. If you state you're short-term laying off everyone, they can then run to UI for payment and no one would have to burn accrued leave. Rather than totally stopping work activities, can you find other work such as inventory or custodial to *offer* employees?

I think requiring the employee to burn accrued leave could be construed as a penalty for an instance for the employee has no responsibility (did the employees decide to shut down production?). I'm not experienced or educated enough in legalities to figure out if doing so would get the employer in trouble with DoL, but if there is any union activity, it very well could be a contentious issue.

We're not in manufacturing, so I can't see us ever doing this, but there may be other instances where we have no work for a segment of employees for a day or more. Unfortunately, our personnel policy states that no employee will be allowed unpaid leave if they have accrued leave on the books. So we're in a crafted situation where we COULD require employees to burn accrued leave. But if the "lay off" was only for a day or two, I think we'd just pay them as if they were at work. (Keep in mind - they can't be earning overtime if they're not clocking in/out!)

lorrie

>the company owner is viewing this differently from a lack of work.

It might be different from the company perspective, but it is the same from the employee's perspective. If you are closed, there is no work available to them on those days. Let the ee decide.