Can an employer force me to work while taking vacation?

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Can an employer force me to work while taking vacation?

I work and live in Illinois and recently was told by management that my
coworkers and I are expected to work on vacation. Is this legal in the state
of Illinois?

Asked on March 15, 2018 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that providing vacation time is not a legal requirement. Therefore, to the extent that an employer chooses aprovide it, it hs a great deal of discretion over when and how it is used. Accordingly, the terms of an employment contract or union agreement notwithstanding, a worker can be required to work during their vacation. However, to the extent that the employee is non-exempt, then they must be paid additional compensation for any time that they perform their work duties if they are on unpaid time off.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that providing vacation time is not a legal requirement. Therefore, to the extent that an employer chooses aprovide it, it hs a great deal of discretion over when and how it is used. Accordingly, the terms of an employment contract or union agreement notwithstanding, a worker can be required to work during their vacation. However, to the extent that the employee is non-exempt, then they must be paid additional compensation for any time that they perform their work duties if they are on unpaid time off.


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