I’m being furloughed

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I’m being furloughed

I’m being furloughed. My company is using my vacation time 160 hours and paying me for the first month. After the vacation time is gone I can apply for unemployment. Shouldn’t I get my vacation balance cashed out on the paycheck that has my final working hours? If they are OK to pay me as if I’m on vacation should I accrue vacation hours while I’m furloughed?

Asked on October 28, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, your employer is doing it correctly: not only would this not matter for unemployment purposes (even if given a lumo sum check, they make you wait until you have "used up" or "earned out"  the time you were paid for before you are eligible for unemployment--this js done to stop people from effectively being double paid for the same time by collecting UI while also drawing payment from work), but they are not required to pay out vacation as a lump sum for a furlough and so can decide voluntarily how to do this. And no--you only acrue new vacation hours while actually working, not while being paid on any other basis, like vacation pay, sick leave, holiday pay, etc.

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 lock Secured with SHA-256 Encryption