The rules for unemployment benefits normally depend on state law—except in rare situations when federal law applies more on that below. Although many employers maintain employee benefits like health insurance during this type of furlough—or as long as they can—they generally aren't obligated to do so unless required under employment or union contracts. To learn more about these distinctions—and figure out which category you fit into—see Nolo's article Overtime Pay: Your Rights as an Employee.
If you are a nonexempt employee, your employer is legally allowed to cut your hours. In this situation, you may be entitled to partial unemployment benefits. Here again, the rules will depend on the state where you live. Even though a reduction in hours is legal, your employer still must pay you for every hour you actually work. As an hourly worker, you are entitled to compensation for every hour you work—period.
If you have to bring work home or put in hours on what's supposed to be your furlough day, you have a legal right to be paid for that time. It's also legal for your employer to cut your pay, either instead of or in addition to a cut in hours, unless the pay cut means that your hourly pay is below the minimum wage.
The rules for exempt employees are a bit different. Regular wage and hour laws don't apply to employees who fall under an exemption to the laws; the most common exemptions are for "white collar" workers: administrative, executive, and managerial employees.
These employees are exempt from overtime if they perform certain types of work generally, work that requires an advanced degree, is managerial or supervisory in nature, or requires them to make relatively high-level business decisions , and they are paid on a salary basis.
It's the salary-basis test that changes the rules for exempt employees. There are a handful of exceptions to this rule for paid vacation or FMLA leave, for example. Generally speaking, however, you become an hourly employee legally entitled to be paid overtime if your employer doesn't pay you your full salary for each week you work.
Most Enterprise Agreements and Awards have a process for changing casual employees to full time or permanent part-time. This is referred to as ' casual conversion ' which provides a pathway for many to go from casual to permanent employment if you have worked regular and systematic hours over a 12 month period. Read more about casual conversion. Your department manager may have sent you home. If you think you have been sent home and not paid correctly, speak with your Union Delegate.
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England This advice applies to England: England home Advice can vary depending on where you live. See Discrimination Claims. It is important that you ask for the change in the right way and the law states how it must be done.
You should give some thought to this last point as you might be able to lessen any concerns your employer might have about the change. Your employer needs to consider the change and deal with it reasonably i. If they are happy to make the change, they can just tell you that.
They should also give you written notice of the change within one month. It would be unreasonable if your employer did not re-arrange the meeting you could not attend due to illness. But if you did not have a good reason for not attending and do not attend either the first meeting or the re-arranged meeting, then the employer can assume that you no longer wish to make the change. The same applies to any appeal meetings. The employer should tell you they are treating the request as withdrawn.
Yes — but only for certain reasons. The law says an employer can turn down a request for the following reasons:. Your employer does not have to let you appeal but an appeal is one way for the employer to show that your request was dealt with reasonably. Your employer has 3 months in which to decide whether to agree to your request and to deal with any appeal process it offers.
If your employer does not deal with your request properly, bases their decision to reject your request on facts that are wrong; or treats your request as withdrawn when they should not have done, you can complain to an employment tribunal.
A woman wanting to work part-time due to childcare responsibilities might also have a claim for indirect sex discrimination if her request is refused.
A tribunal cannot order your employer to allow the change but they can order your employer to think about your request again.
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