Vacation pay and vacation pay paid at the end of the employment relationship are not wages for unemployment insurance purposes and do not affect a person's eligibility for benefits. When a person stops working for the purpose of taking a vacation and must return to work on a specific date after the vacation, no dismissal occurs. On the other hand, vacation pay for December 31 and January 1 was not paid until after the applicant returned to work and is therefore assigned to the week ending January 10. For example, if an employee is entitled to two weeks (10 working days) of vacation per year, after six months of work he will have earned five vacation days. For example, an agreement between the employer and the employee states that all employees who have worked for a full year will receive two weeks of annual vacation pay.
Once the date of personal vacation is determined, the question of personal vacation pay will be resolved in the same way as other types of vacation pay. We conclude on all the facts set out here that the employer's offer of vacation pay to the claimant amounted to a payment of the claimant to him and was higher than what he would have been entitled as unemployment insurance benefits; therefore, he was not “unemployed” during the calendar week of August 17 to August 23 1947, when he received such payment. However, the subsequent receipt of the accumulated funds from the vacation trust fund does not pose any wage problems, since the worker merely accepts the delayed delivery of part of his previous salary. When a person receives vacation pay due to a resignation or leave that clearly ends the employment relationship, the pay is not salary.
If the implementation of a limit is a subterfuge to deny employees vacation or vacation benefits, the policy will not be recognized by the Labor Commissioner. The PFL does not have a waiting period for benefits, so wage integration can begin on the first day of the PFL application, unless you, the employer, require two weeks of vacation pay to be used first. The employer considered vacation suspended during TD and did not issue vacation checks during this period. Consequently, as with vacation pay, the critical factor in determining whether or not sick pay is salary is whether or not the claimant has been dismissed from employment.
The floating vacation actually designated by the employee should be considered as the date of the vacation to resolve the vacation pay issue. Vacation requests must be sent to the employee's supervisor at least three weeks in advance for approval. Even though the claimant was initially dismissed for a defined period, he received the notice of indefinite dismissal prior to the vacation pay date and, therefore, vacation pay is not considered salary. Payments to a person for sick pay earned but not paid for services rendered prior to termination of employment shall not be construed as salary or compensation for personal services under this division and will not be denied or reduced due to receipt of such payments.
