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Employment Law/Layoff and vacation pay

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Question
Can an employer force you to use your vacation pay prior to laying you off or tell you that you must use it up by the end of the year?  In my case, My vacation pay is based upon my hire date. I was hired in July, but layoffs occur between December and March.  So, if I have to use my vacation days up by December, I only have six months to use them.  That does not seem right.

Answer
Vacation is not required by law. It is given by the company. The company has the right to say when you can or can not use your vacation time.

Employers are not required by law to provide vacation time off or vacation pay. Vacation time/pay is a fringe benefit controlled by the company and can be offered or taken away.   Under Public Act 390 of 1978, the Payment of Wages and Fringe Benefits Act, section 3 provides, "an employer shall pay fringe benefits to or on behalf of an employee in accordance with the terms set forth in the written contract or written policy."


http://www.michigan.gov/lara/0,4601,7-154-61256_11407_32352-83350--,00.html

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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