Temporary Layoff

[Kaiser]

Can an employer(in Michigan) temporarily layoff a group of hourly employees over the holiday and(1) refuse to let people take unused but earned vacation pay rather than go on unemployment; and(2) refuse to pay the otherwise paid holidays of Christmas and New Year.  

The Handbook is vague regarding vacation time - "Upon termination, unused but earned vacation will be paid at the discretion of the employer".  The handbook says nothing about lay-offs - with respect to either vacation or holiday pay.

[Glaleanna]

Unfortunately Vacation pay is a fringe benefit given by the employer and he has control over when it can be taken. The employer can tell you that you cannot use your vacation for this time off. Holiday pay does not have to be paid. There is no law that says the employer must pay you for the holiday unless you work on the holiday.

Shirley

Here is the Michigan law in regards to vacation pay and holiday pay  it says it must be paid with a written contract or policy. You said there was not one so it is not paid.

This is an exerpt from the Michigan Department of Labor:

Payment of Wages and Fringe Benefits The Payment of Wages and Fringe Benefits Act, Public Act 390 of 1978, as amended, regulates the payment of hourly wages, salaries, commissions,certain fringe benefits(vacation pay, sick pay, etc.) as specified in written contracts or written policies. Also:  

Requires that an employee receive wages earned on a regular basis: weekly, bi-weekly, bi-monthly or monthly. Requires that an employee receive a retainable pay statement of wages indicating hours worked, gross wages paid, an itemization of deductions and the dates for which the wages are paid. Requires that an employee receive compensation for fringe benefits earned according to a written contract or written policy such as payment for: a holiday, time off for sickness or injury, time off for vacation or personal reasons, bonuses or authorized expenses incurred during employment. Prohibits deductions without authorization by law, a collective bargaining agreement, or written consent of an employee. Requires that an employee receive wages in cash, check or money order. Employees may authorize the direct deposit of their wages into a bank or credit union. Requires that an employee receive wages earned on the regular scheduled payday for the period in which the employee quits or is discharged. Allows employers to deduct overpayments of wages or fringe benefits due to mathematical or typographical errors under special conditions. Provides protection for employees who file a complaint or exercise a right protected by the Payment of Wages and Fringe Benefits Act. Shirley