Can an employer force an employee to take vacation, whether or not they have the vacation time accrued, because the company shuts down between Christmas and New Years?

Unless your written contract of employment or union collective bargaining agreement provides you with a contractual right to "accrue" vacation I am not aware of any federal or state laws which require any employer to allow any employee to take vacation at any time. If the employer has fewer than 50 employees there is no requirement to permit sick leave under the FMLA either.

Many employers shut down at various times of the year and New York requires you to be unemployed for at least 1 week before claiming unemployment benefits.

My brother shuts his business down for 2 months every winter and has been doing that for decades. No law requires him to pay his employees during that time or to allow them to take vacations during any other times. Employment at will means either side is free to terminate employment at any time with or without cause.

posted by V Jonas Urba  |  Dec 23, 2015 11:20 AM [EST]