For those who are suddenly laid off, and worried about canceling summer/fall vacations that are booked, there is a quirk in our vacation laws that may help. Under the ESA vacation pay and time are separate entities, which could allow workers to take their accrued (banked) vacation pay now, and still take their vacation time later, but unpaid.

For example, “John” has a 2-week camping vacation booked for the family in August, and does not want to cancel that plan. Under the ESA, John can take the accrued vacation pay now, and leave the August vacation booked. When August gets here John takes his vacation time (weeks) off but only receives the amount of vacation pay that has accrued between his return to work and August.

Some company policies may not be adaptable to this situation so please clarify with your employer, or if you have agreed to receive your vacation pay on every paycheck (instead of banking it), then unfortunately this would not apply to you.

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