If I work from home on company equipment, if thisit is not working due to no fault of mine, should I have to use personal vacation for down time?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I work from home on company equipment, if thisit is not working due to no fault of mine, should I have to use personal vacation for down time?

Asked on September 22, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no simple answer, since it depends on the exact situation. However, some general principals:

* Any time the employee was working--even that "work" was being on the phone to IT, tech support, managers, coworkers, etc., or trying to recover lost files, get the equipment to work, etc.--the employee should be paid. Work does not have to be productive to be work.

* However, a company has the right, going forward, to tell an employee to not come into work or perform work, if the company doesn't have work for him or her or he or she can't do the work for some reason or another. For example, as you're no doubt aware, companies can furlough employees when they don't have work or have down time. This means that the company could tell you not to work for certain days; you'd presumably have the choice of either having that be unpaid leave (like a furlough) or else using your vacation time for paid days.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption