Leave versus Layoff

[rob0225]

I work for a defense contractor for the US Army. I am a full-time exempt employee and the contract I work one is a yearly contract.This year the contract expired at the end of July. My company wasn't able to get the option year renewed in time and was approved for a no cost to the govt one month extension.

At the end of that month the contract extensions was complete and funds were MIPR'd (transferred) to the contracting officer but my company were still waiting on charge numbers from the contracting officer and I am not allowed to work for the govt without valid charge numbers. For me to work I have to travel to the work location and I was not allowed to travel because of the lack of charge numbers.

I ended up having to use 3 weeks personal leave during this period. I was never told I had to take leave it was just "expected" but I was also never given any other option (layoff notice). Were they required to give me a layoff notice? They could have also carried me on overhead and I could have worked against another contract or done direct company work had they chose to do that.

Also, I was constantly in contact with my supervisor "reminding" him I was burning my personal leave time.

Thanks for any advice.

Robert

[Steve B]

Sorry Robert - I guess nobody here has the experience to answer your question. I was in Human Resources, but never dealt with the military.

[huggytree]

being officially 'laid off' may mean you wont be coming back.....in this economy id rather take 3 weeks of personal leave than be laid off.....

[rshughes]

Sounds like you may need some legal advice, which I'm not qualified to give.

In my opinion, if you're a full time exempt employee, you should be paid for the 3 weeks, whether there's work or no work. It wasn't your fault, and not your problem to solve, that the contract wasn't renewed in time or that you weren't given another project to work on. Realistically though, the company may not have had any choice but lay you off for those 3 weeks - so I would weigh that (potentially worse) option against having to spend your personal days. On the other hand, I do not think you need an official layoff notice to collect unemployment... your employer simply needs to confirm that you (involuntarily) did not work during those 3 weeks.