Skip to Main Content
Employment Development Department
Employment Development Department

Total and Partial Unemployment TPU 460.75 - Fact Finding Guide

Vacation Pay, Sick Pay, Holiday Pay

Vacation Pay as Wages

  1. Was the receipt of the vacation pay due to a termination? Was it due to a quit, discharge, indefinite layoff, temporary layoff, or trade dispute?
  2. If the vacation pay is payable for a period during a temporary layoff:
    1. Does the claimant have a definite or reasonably certain date of return to work?
    2. Has there been a general plant shutdown: If so, for what reason?
    3. What is the date or approximate date of return to work? If the employer is unable to provide a specific date of return, find our what conditions will determine the specific date of return.
    4. What was the claimant told in regard to a return to work?
    5. What is the claimant’s pattern of work with the employer?
    6. Is seniority maintained during the layoff?
    7. Are health and welfare benefits maintained during layoff?
    8. On what date did the employer make the vacation payments?

Allocation of Vacation Pay

  1. Is there a collective bargaining agreement or written or verbal employer policy governing scheduling of vacation periods?
  2. What is the policy regarding the scheduling of vacation periods?
  3. Has the claimant arranged with the employer to take a vacation period? If so, what is his/her scheduled vacation date(s)?
  4. Has the employer designated a specific vacation period? If so, can an employee receive permission to take a vacation at some other period? Did the claimant arrange to take a vacation at some other period?
  5. If no vacation has been scheduled, can the employee receive a pay in lieu of vacation?

Sick Pay

  1. Was the receipt of sick pay due to a termination from employment?
  2. If the claimant is on a paid sick leave from his/her regular employment because of illness or injury and the amount of payment is less than XE, is the claimant able and available for other work?

Holiday Pay

  1. Was the receipt of holiday pay due to a termination of employment?
  2. Was the claimant on a definite layoff?
  3. Was the claimant unemployed during the week of the holiday?
  4. When was the payment made relative to the date of returning to work?