Total and Partial Unemployment TPU 460.75 - Fact Finding Guide
Vacation Pay, Sick Pay, Holiday Pay
Vacation Pay as Wages
- 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?
- If the vacation pay is payable for a period during a temporary layoff:
- Does the claimant have a definite or reasonably certain date of return to work?
- Has there been a general plant shutdown: If so, for what reason?
- 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.
- What was the claimant told in regard to a return to work?
- What is the claimant’s pattern of work with the employer?
- Is seniority maintained during the layoff?
- Are health and welfare benefits maintained during layoff?
- On what date did the employer make the vacation payments?
Allocation of Vacation Pay
- Is there a collective bargaining agreement or written or verbal employer policy governing scheduling of vacation periods?
- What is the policy regarding the scheduling of vacation periods?
- Has the claimant arranged with the employer to take a vacation period? If so, what is his/her scheduled vacation date(s)?
- 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?
- If no vacation has been scheduled, can the employee receive a pay in lieu of vacation?
- Was the receipt of sick pay due to a termination from employment?
- 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?
- Was the receipt of holiday pay due to a termination of employment?
- Was the claimant on a definite layoff?
- Was the claimant unemployed during the week of the holiday?
- When was the payment made relative to the date of returning to work?