Should employee be denied pay for participating in picket line on an approved vacation day?

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Should employee be denied pay for participating in picket line on an approved vacation day?

Employee on 05/15 had approved vacation for 05/29 05/30. Union voted to strike beginning 05/30. Memo was sent to employees 05/29 asking that any vacation time already approved for those days be resubmitted and most likely would be denied. Employee was off so didn’t get memo. Employee picketed on 05/30. Employee was told he would not be paid for 05/30 while striking. Employee contends he was on approved time off and was exercising First Amendment right. Should employee be paid for vacation day?

Asked on August 2, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, since the employee had approved vacation day for May 30, 2012 from his or her employer the employee had every right to do what he or she wanted to do on that day including picketing.

As such, the employee who had approval for that day off is entitled under the law to be paid for May 30, 2012 as an approved accrued vacation day.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, since the employee had approved vacation day for May 30, 2012 from his or her employer the employee had every right to do what he or she wanted to do on that day including picketing.

As such, the employee who had approval for that day off is entitled under the law to be paid for May 30, 2012 as an approved accrued vacation day.


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