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HR Question: Requiring Vacation Usage on Furlough Days

Question: Can an employer require its employees to use their accrued paid time off during an employer-required furlough? And, if salaried exempt employees work during the furlough, how is pay calculated for these employees?

Answer: Yes, an employer can require employees to use their accrued paid time off, for example vacation, for time not worked during a furlough. If an employee has no accrued time off, the employer can even put the employee into a negative paid leave balance.

Even while furloughed, however, the Fair Labor Standards Act (FLSA) applies to employees. The FLSA mandates compliance with the salary basis requirements for salaried exempt personnel. Accordingly, if such an employee performs any work during that week, the employer may not dock the employee’s pay for the absence. When a furlough is for one or more full weeks, federal law generally does not require payment to an employee.

Employers must be mindful that employees on furlough continue to accrue vacation days, sick days, and personal days, and continue to receive other benefits such as health insurance.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

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