Can an employer force you to use vacation and work at the same time?

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Can an employer force you to use vacation and work at the same time?

My employer placed me on call the day after Thanksgiving. I asked how to enter my time and they told me to use a holiday or vacation day. This is an international company but I work from home in FL.

Asked on November 19, 2018 under Employment Labor Law, Florida

Answers:

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

Answered 2 years ago | Contributor

Merely being placed "on-call" does not automatically trigger compensable work time. In order for you to be entitled to compensation, you would have had to had a call and had to gone out and actually worked. Accordingly, since you were not "working", using a holiday or vacation day was appropriate.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, if you are working, you are not using paid vacation time; if you are using paid vacation time, you cannot be working at the same time. However, being *on call* is not working: the time you are on call, waiting for the call to come in, is not work time, so you can be on call while on holiday or vacation time. Only if and when a "call" actually comes in and you have to respond or do something would it be considered work.


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