Can a company put an hourly employee on a 2 week no-paid suspension and not allow them to use vacation time?

UPDATED: Feb 27, 2012

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Can a company put an hourly employee on a 2 week no-paid suspension and not allow them to use vacation time?

Vacation time is available but they wont allow him to use it.

Asked on February 27, 2012 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Can a company put an hourly employee on two-week unpaid suspension? Yes, unless the employee has a contract (including a union agreement) to the contrary. After all, without a contract protecting his or her employment, the employer could simply terminate him or her, so it may take the lesser step of suspension.

The company most likely can also bar the use of vacation days to cover the time:

1) generally, companies have the right to deny or disapprove use of suspension days, unless again there  is some agreement to the contrary (while they can't prevent you from using days forever, employers can generally tell you that you cannnot use them at a certain time); and

2) suspension is usually discipline; to make it effective, the employer can deny you the right to offset it with paid time off. Again, since you could have been fired, the company may instead take the step of suspending you without the right to use vacation.

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 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.

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