I’m being furloughed

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I’m being furloughed

I’m being furloughed. My company is using my vacation time 160 hours and paying me for the first month. After the vacation time is gone I can apply for unemployment. Shouldn’t I get my vacation balance cashed out on the paycheck that has my final working hours? If they are OK to pay me as if I’m on vacation should I accrue vacation hours while I’m furloughed?

Asked on October 28, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, your employer is doing it correctly: not only would this not matter for unemployment purposes (even if given a lumo sum check, they make you wait until you have "used up" or "earned out"  the time you were paid for before you are eligible for unemployment--this js done to stop people from effectively being double paid for the same time by collecting UI while also drawing payment from work), but they are not required to pay out vacation as a lump sum for a furlough and so can decide voluntarily how to do this. And no--you only acrue new vacation hours while actually working, not while being paid on any other basis, like vacation pay, sick leave, holiday pay, etc.


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