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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am an exempt employee at a firm based in. We are

Customer Question

I am an exempt employee at a firm based in Virginia. We are contractors to DoD and my worksite is in the Pentagon. On the afternoon of January 22, and all day January 25 and 26, all federal offices in the DC area were shut down. My firm requires that we either telework or exhaust all of our personal/sick and vacation leave before they allow the use of leave without pay. I am unable to do some of my work at home because I require access to secured DoD data systems.
Can the company require the use of accrued leave when the worksite is closed?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. Unfortunately, since there is no State nor Federal law that requires an employer to even offer paid leave (other than rules for Government employees), an employer is free to set the terms and conditions of the accrual and use of any paid leave that they do offer. That means that they can require that an employee's paid leave be used to pay the employee for the days the business is closed regardless of the reason.

One interesting sidenote though that is a Catch-22 of sorts, is if the employer did not offer paid leave, they could not deduct wages from an exempt employee for days they were closed due to inclement weather. But again, as long as they offer paid leave, they can use it first to offset the day off due to absence for any reason unless the leave policy states differently.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

I received your response in a different question thread. If you have follow up questions, you can respond in this one. If you are having trouble seeing the response because of a pop up, then just click the X or "close" on the pop up and respond or read. Otherwise, if you do see the box at the top of the page (or pop up) that has the rating stars if you could leave a positive rating, I will receive credit for assisting you. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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