Is it legal to allow employees to use vacation time while working in order to make a labor budget?

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Is it legal to allow employees to use vacation time while working in order to make a labor budget?

I am a retail store manager and considered an exempt employee. Due to the labor budget that has been set forth, many manager in my position are using their vacation time for time they are working in order to accomplish the labor goal. Our district managers are allowing this to happen because numbers are being made. I refuse to input vacation for time worked,and I am consistently being told how others are making their numbers and I am not. Where does the law stand on this?

Asked on January 5, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

People, especially exempt employees, may work on their vacations, so it is legal for an employee to use vacation time for work time and your district managers may allow this. That is, no law says that someone may not work while on paid vacation, and it is actually not all that uncommon, at least in the NY/NJ area where I'm located, for salaried exempt employees to perform at least some work while taking vacation days. Similarly, exempt employees could work on their nominal days off, holiday days, after  or before hours, etc.


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