关于实施休假该怎么知道

As an employer, you might find yourself struggling financially at some point. You may have to resort to pay cuts or even layoffs. Furlough is an alternative to letting go of your hardworking employees. Learn more about the pros and cons of furlough, furlough meaning, and furlough laws below.

What is furlough?

休假是mandatory time off为员工工作,通常没有薪水。休假是暂时的,员工仍然有工作。

一些雇主可以选择提供休假薪水或部分带薪休假(PTO). Partial PTO could mean an employee is paid for some days (e.g., two days), part of the day, or a portion of their regular wages.

根据公司政策,员工可能需要在休假期间降低其PTO或度假余额。

Examples of employee furloughs may include:

  • 每月两天
  • 每月休息一周
  • A few weeks off every other month
  • Indefinite time period

You may implement employee furlough to decrease your expenses and save money. Furloughs can also occur due to lack of work in the business.

如果您需要在冠状病毒大流行期间支付工资单的帮助,则可以考虑申请薪水保护计划贷款。查看我们的文章,“Paycheck Protection Program: How to Apply for a Forgivable Loan During COVID-19,“ 了解更多信息。

您可以向员工授予休假日或多个休假天。一些企业甚至可能有定期的休假,例如季节性企业或工厂。

Furlough vs. layoff

即使休假和裁员听起来可能相似,但它们的差异很大。

在强制性员工休假期间,员工在强制性员工休假期间请假或部分PTO。员工可能有特定的计划休息时间或请求工作。

如果您实施休假,请给员工一个时间范围,以持续多长时间。在不确定的休假期间,请尽可能多地了解业务及其职位。

A layoff is a period where employers suspend or terminate an employee because of the business’s lack of work, cash, or materials. Employees may receive遣散费or no pay at all. During layoffs, employees usually have no call-back rights or expectations of the job returning.

An employer can opt for temporary layoffs where they cut back or temporarily stop an employee’s work, but the employee is still employed. However, unlike furloughs, there is no guarantee that a temporary layoff won’t be permanent. Employers decide if workers are recalled or not. If an employer chooses not to recall an employee, the layoff becomes permanent.

优点and cons of furlough

The are advantages and disadvantages of employee furloughs. Check out the pros and cons before implementing furlough below.

优点

Review how furlough may benefit your business.

Avoid layoffs and save costs

有点明显,但是实施休假可以使雇主避免辞职,同时还可以节省金钱。您可以保留全明星雇员,同时还可以确保他们的未来职位是安全的。

If you choose to partially pay or not pay employees during a furlough, you willreduce costs. Consider implementing furlough if you find there are more employees than there is work to do. Furloughs help you avoid paying employees for sitting around when there is lack of work.

No replacements

与裁员不同,休假通常不是永久性的。除非决定辞职,否则同一员工可能会在休假后返回。让员工知道休假将持续多长时间,并在可能的情况下提供时间表,以便员工知道何时返回工作。

Cons

在下面查看休假的缺点。

压力

Returning workers may feel overloaded with work. They might be stressed trying to keep up with production, which can affect performance. Employees may also fear that furloughs will not solve the problem in the long run.

如果休假是无薪和不确定的,则员工也可能会对金钱感到强调。

就业保障

您的员工可能会担心最坏的情况:裁员。他们可能会开始寻找其他不需要休假或其他无薪休假的工作。

furlough

Furlough laws

You must keep certain laws in mind when mandating employee furlough.

flsa

Underthe Fair Labor Standards Act(FLSA),有针对免税员工的具体规则。

Exempt employees通常,在本周完成的任何工作中,每周或每两周薪水率固定。当您豁免员工休假时,您无法在一周中缺席(例如,每周两天)停靠他们的工资。

如果您的非雇员在休假期间工作,则只需要支付工作时间即可。确保您关注最低工资and overtime regulations when nonexempt employees work during a furlough.

Consider enforcing a “no work” rule to prevent employees from doing any work during the furlough. Make specific rules like having employees leave their devices at the office to prevent work (e.g., sending emails).

EEOC

You must also follow the Equal Employment Opportunity Commission (EEOC) for employee furlough. You cannot issue furlough based on an employee’s race, age, gender, religion, nationality, disability, or genetic information.

NLRA

You may need to negotiate terms if your business is part of a union. The National Labor Relations Act (NLRA) requires you to negotiate terms and conditions with the union about employee furlough. Discuss details like the spacing of days and whether the employees can choose when to take furlough.

Contracts

Review individualcontracts of employmentbefore implementing an employee furlough policy. Some employees may have contractual rights to compensation or paid-leave benefits. Make sure the terms and conditions listed in employee contracts do not limit furloughs.

员工福利

Generally,common employee benefitsare not affected by furloughs (e.g., health insurance). Since furlough is temporary, employees are not entitled to severance pay, early retirement benefits, or outplacement.

根据国家,员工可能有资格获得失业福利。与您的州联系有关失业福利的具体法律。

Looking for more coronavirus-related info? Check out ourCovid-19 Resources Center.

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This is not intended as legal advice; for more information, please点击这里。

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