Using vacation time while collecting unemployment - can you?

[3catwoman3]

Novice here when it comes to unemployment - first time collecting. I was just furloughed from my peds nurse practitioner job after 23 years and 10 months with the same practice. 6 weeks to start with, and then a “re-assessment.” I applied for unemployment immediately, and should be getting the first payment in about a week.

I have not worked since March 20th. Our schedules are made up several months in advance, and I was originally scheduled to be on vacation last week and this week.

Can one use prior scheduled paid time off while collecting unemployment?

I’ve been looking at the Illinois FAQ portion of the state’s website, but can’t find a clear answer.

[sheshe2]

1. I can't help you on that one, 3cat.

I have been unemployed...not with the vaca time.

I wish you luck and a hug. I know how hard it is.

Best, she.

[3catwoman3]

8. Thanks, sheshe. I'll be 69 in 11 days, and was...

...planning to retire next summer.

With each day that passes, I am thinking of just saying, “Fuck it, “ and retiring now after collecting a few unemployment checks. I’ve paid into the system all these years, so I might as well get a little back, right?

(Pardon my language.) I’m feeling rather pissed about the whole thing, especially after finding out that the front desk staff have been told to tell people who ask to schedule with me that “She is flexing down her schedule because of the corona virus.” Makes it sound like it was my idea, which it most definitely was not.

[sheshe2]

12. Hey.

Retire.

I was forced to do it earlier than planned. However tossed from my job and to old to find a new one. I was 64 at the time.

Best to you.

[exboyfil]

2. In Iowa you can't

I had that very same question for my daughter who is a nurse with PTO. She is still working, but for a time it looked like they were going to close her mental health floor.

We I received severance from my old old job, I had to wait for it to run out before collecting unemployment insurance.

I was furloughed for a week in my old job, and I was able to collect unemployment that week (taking paid vacation was not an option). My coworkers who resided in Wisconsin were not able to collect unemployment that week (different rules). Given the reason the company is furloughing you is probably cash flow, I got to think most would expect the employee to take the furlough. Taking the vacation does not help now.

[SheltieLover]

3. Doubt it

I think you have to report every week or 2 weeks any income you receive & they will deduct that from your check. Likely depends on the state.

[Ferrets are Cool]

4. Not in Alabama.

[GulfCoast66]

5. No. You can't. But that's ok

The wife and I were both furloughed starting next Sunday. We are going to use 4 weeks of our very generous vacation time to tide us over while we go thru Florida’s designed to fall unemployment system. It will still leave us with 2-3 weeks of benefit time left.

With the stare and feds contributions it will be $875 a week for each of us once on unemployment. Way less than we earn. But way more than enough to live and pay our bills.

In my opinion we suckered the republicans on this one. $600 a week is $15 an hour. Once this is over all those making less are going to rebel about going back to work, which all Americans want to do, and earning less than they were getting.

The republicans are fucked.

[xmas74]

13. I'm an essential worker with a degree

And I make less than $15 an hour.

[GulfCoast66]

14. Your post sums up the bullshit world we live in.

I bet the hospital admins and owners are pretty comfortable.

Use your benefit time to apply for unemployment. You’ll be fine.

And after this over I do believe things will change. Your profession will be needed and much more valued.

[xmas74]

15. I'm a state worker

I work with adults with DD. We are understaffed, underfunded and do not have enough PPE to go around. My department was furloughed and a few were sent to work in group homes or on halls, depending on where we were assigned. I am not allowed to use my vacation time-all previously approved time has been rescinded. There is a freeze on any future time.

I stay where I'm at for the benefits and because I'm proud to be a union member. I also feel I am making a difference in our world by advocating for those who cannot do so themselves.I am now seriously considering a career change. I feel used.

[dawg day]

28. Me too. Still working--

But at home on the keyboard.
I'd probably make more money on unemployment in my state, but I can't get laid off because I'd lose my insurance.

[Johnny2X2X]

6. No, it's fraud

Do not mess with UE, they take all fraud seriously.

[Hoyt]

7. Don't know the answer, but old stuff on internet may be outdated. States have

done a lot of things to make collecting unemployed easier than a month or so ago. For example, during this pandemic, I don’t think you have to be actively looking for a job or have interviews with state.


I suspect, though, if you are still collecting pay — even if PTO — you won’t be eligible for benefits until those end. But, apply anyway. Good luck.

[Wounded Bear]

9. Normally not...that would be double dipping...

if found out, I would assume you would at least be forced to repay the UI money, and could face criminal charges.

That would apply to most states, I think.

[BGBD]

16. But

you could likely put off starting your unemployment until after the vacation is paid and start the week after. That would extend the time that you could get benefits out by a few weeks. Same money, just longer before you need to worry about the check stopping.

[Wounded Bear]

17. Yes, but you can't do it simultaneous...nt

[thesquanderer]

20. It's not double dipping if the company is not paying you for that vacation time.

If they are still paying you for those vacation weeks, then you're not "unemployed" those weeks (in that you are generating income). But a scheduled paid vacation that does not happen (i.e. they end up not paying you for) is not income, right?

[Wounded Bear]

24. Yeah, but if it isn't paid, it's not "vacation." It's furlough...

or layoff, or leave of abscence or whatever. You have a point in whether or not it is paid, though. If it's paid time off, normally UI is not available.

[Ms. Toad]

10. If you are on vacation, you are not unemployed. n/t

[Peregrine Took]

27. +1

[xmas74]

11. Not in Missouri at least.

Vacation time is paid time. If you use it and manage to get unemployment at the same time you can expect a bill to pay it back, usually with interest.

(I know from experience. I was in a lay off and applied for unemployment. I didn't know that my employer used all of my vacation time to cash out over a few weeks as a way to pay my health insurance. Even though I didn't receive a check from my employer it was still considered earned income and I received a bill at tax time, with interest.)

[Tink41]

18. The questions

The questions, at least until a month ago. Were "Did you work?" The answer to that for you would be no. They do ask about vacation pay, and if you answer yes, I'm certain your benefit for that week would be adjusted. All these other answers though...... Ridiculous and speculation. You may still receive the stimulus money, even if vacation pay cancels out regular UE. I'm in the trades, I've been doing this for 30 yrs. Work ourselves out of a job all the time. Good luck! There wouldn't be any part of me worried about "getting in trouble" as long as you answer the questions truthfully. Let them decide what benefit you will receive.

[Tink41]

19. Clinton

I just need to add cause the other responses remind me of this. UE questions are legalese. Just answer the question. No reason to waggle around w your answer. Clinton answered in Legalese, it's what made his response the truth. You don't need to question, the question, or response. Were you driving the car? Yes or No. No one asked, if you were drunk, if you were speeding, tired, unlicensed,just were you driving? KISS

[3catwoman3]

21. Thanks for your insight. Sorry you have so much knowledge about this.

The last day I examined any patients was 3/20, a Friday. At the end of that work day, my boss told me that I need not show up for work the next week. On the following Thursday, 3/26, I was informed, in a 3 way phone call with the boss, the CEO of the consortium of which my practice is a part, and me, that I was being placed on a 6 week furlough due to the drop in demand for appointments. They will “re-evaluate” at the end of the 6 weeks.

I’m certainly not looking to manipulate the system or do anything fraudulent. My questions arise out of ignorance and lack of experience in this area.

The huge irony in all of this is that my employers expect 12-18 months notice of my intent to retire, which I did give at the end of February. I got about 12 minutes’notice.

[Tink41]

25. Its confusing really

I feel for you, I do. And it's what made me respond, I've heard all sorts of "rules" or what people believe to be true about UE. In fact in 2010 after being out for 21 months working for 6 and back out was that the extended benefits were a one time shot. By then I knew to keep pushing, and it's not over til.... I drove to another UE office got a different answer and filed there.
YOU MUST dig thru the rules and parameters for this stimulus thing. They have given employers lots of wiggle room, playing w your benefits, and it's not to benefit you. I'd file, declare your vacation pay, and continue to certify. You just won't see money for vacay weeks MAYBE the extra 600 who knows. No one will come knocking on your door if you answer the UE questions truthfully.

[Mc Mike]

22. Don't know Illinois rules, but

here in PA, you can't go on vacation, get your pay from your company for and during that time, and simultaneously file for unemployment for those weeks.

Our union's work around is that we are paid hourly vacation pay, 2x a year, in January and July. The money was deducted on an hourly basis from our 2000 hour work year, taxes were already paid.

So if we're working and take 2 weeks vacation, we don't file unemployment, since we haven't been laid off.

If we're laid off, and it's in January or July, we can get our bi-yearly vacation pay, and still answer 'no' to one of the 3 verification questions -- 'Did you or will you receive holiday or vacation pay, for the week you are claiming?' So we're legally entitled to vacation pay, which is not pay for the week we are claiming, even if it comes that week.

So, in your contract, if you were a yearly or salaried worker, and had that pay coming to you as part of your past work year compensation, then you worked for it and earned it already, they owe it to you, and you can still answer the verification question (if IL has the same verification question for your weekly or bi-weekly claim) -- you can still answer the question 'no' honestly, and still claim unemployment when your employer sends you the vacation pay you earned and were owed.

[3catwoman3]

23. I am salaried, and my contract allows 4 weeks of paid vacation.

Our April schedule was originally posted on January 10th, so the PTO was “on the books” so to speak, since then.

[Mc Mike]

32. All right, 3cw.

I don't have experience with straddling end of job and retirement, or IL's state unemployment comp (insurance) system.

When did your contract start? What month is original date of hire, or what month starts your yearly contract? (Important question to establish whether they owed you the vacation pay for work you already did, or you're taking vacation anticipating working for them thru December 31.) Think back to when you started, they told you something like 'after a year, you get 2 weeks vacation'.

IF they already owed it to you for work performed, and IF they send it to you during the scheduled vacation weeks in the future, then you're in the same boat as me, and can honestly say you are not being paid holiday or vacation pay for the weeks you are claiming. The company should pay you all the money they owed you, when they tell you they're giving you an end of career lay off, sick time and vacation time included.

In other words, you're not going on vacation still getting paid by the employer, and still have the same job waiting when you get back (a 'recall date', you have no recall date), but you still want to double dip by getting paid unemployment insurance payments on top of vacation pay, and have work available that you COULD be performing, and are then going back to work after vacation, while you're telling them you're 'out of work' so you can get unemployment.

The 'holiday or vacation pay' verification question is to prevent people who have jobs from working, then taking paid vacation and saying they're laid off, then going back to work again. It's to keep all workers from opening claims every year when they go on vacation.

IF they don't already owe it to you, file unemployment for the weeks up to the vacation weeks, then for the vacation weeks report vacation pay. Then after the vacation pay, re-open the claim.

[Peregrine Took]

26. As I recall you have to be available for work. n/t

[LakeArenal]

29. Sorry. Vacation pay is pay. You have to declare it as income

That would reduce your unemployment for the weeks you were receiving it.

[haele]

30. In CA, you can't apply until your PTO/paid vacation is over...

That being said, if your company laid you off and provides you with a lump sum payout check, in most states, you can apply the day after you get that check, whether or not they continue to cover your medical until the end of the month.

A furlough situation is different - some states will allow you to collect UE if you have a letter that directs that you are not allowed to take your accrued vacation/PTO during the furlough.

Other states require an official layoff with all accrued leave either taken or paid out before you can file, whether or not it's in reality a furlough with the intention to go back to work after the furlough is over.

Another option might be to check a local Union websites if your state unemployment website isn't very clear.

(Been between jobs several times over the past two years, so I've had recent experience with the system in California...)

Haele

[Demsrule86]

31. Were you paid for the time? If so then it is considered work...if it was merely scheduled than no.

[doc03]

33. It's been many years but I received unemployment

in Ohio and got vacation pay. I think they consider vacation pay as income earned while you were employed.