Can an employee be dismissed while on vacation?

Question

Going through a RIF and a few people are out on vacation / sick time (not FMLA). Can you RIF them as of the RIF date or do you have to wait until they return to be their official "last date" paid through?

Answer 1

not sure of the details

yeah, employees are pretty much like paid slaves really, they sort of own you and can do as they please with you, unless there is a union

I once was promised a promotion, went on vacation, then for whatever reason , no promotion.

They never tell you why either.

Answer 2

Yes, you can RIF them for whatever date you choose - but I would RIF them all on the same date or have two RIF dates. It's not the nicest thing but actually FMLA doesn't protect anyone from a layoff either so long as it's the position you're eliminating and not the person.

I would double check in your state with Wage and Hour to make sure you've got all your ducks in a row.

Answer 3

You can RIF them but remember that you must pay them any accrued vacation/personal time at the time of termination anyway. What I've done in similar situations is to wait until they return and process the RIF their first day back. It's a sucky way to welcome someone back from vacation but a tad more compassionate than calling them in Hawaii to let them know they don't have a job to come back to.

Answer 4

I think their official last day has to be when they are supposed to return. They are allowed to use their vacation leave whenever they want, especially if it's already been approved. However, it would be awful nice if you called and told them anyways since you would have to pay them for the vacation leave regardless of when their last day is. That way they could start looking now instead of kicking them cold to the curb as soon as they've used up all their leave.