Q. I am a salaried employee for a Virginia-based company that is mandating that unless we have billable work, all staff must use vacation time for the week between Christmas and New Year's. Those who have no vacation time must take leave without pay. Hourly employees are being told to do the same unless a call is received requiring their services. Is it legal for a company to have such a policy?

A. Numerous companies choose to close from Christmas to New Year's Day and pay their workers. But Diane A. Seltzer, a Washington lawyer who represents both companies and employees, said this company, in deciding to close and not pay its workers, is acting legally.

"I don't see what's illegal about it," she said. "Although it seems kind of harsh to do this, they don't have to give you leave in the first place. This is consistent with the fact that companies are allowed to put conditions on the manner in how you use your vacation. Any employee who's been told they can't take vacation because it's the busy time of year for a business, well, this is the flip side of that, telling you when you must use your vacation," she said.

"You don't want the decision made for you," she said, "but they're giving you unpaid time off. They're saying, 'We're not paying you because you don't need to work.'"

Nonetheless, Seltzer suggested, "if someone has been told that they are not going to be called for work that week, they should file for unemployment compensation. In certain jurisdictions, this could be a viable option."

Q. Recently our HR director sent an e-mail to all employees regarding the upcoming holidays. She announced the offices will be closed on Nov. 28, Dec. 26 and Jan. 2. Although the offices are closed, she also said those are not paid holidays. Even worse, employees must either use their accrued vacation hours or take those days unpaid. I should also mention we don't have separate sick leave or personal days. Can this be done?

A. Seltzer said, "Again, I don't see any legal problem with doing this. I think that it stinks."

She suggested that if the workers in these cases were covered by a union collective-bargaining agreement, there might be some provision dictating pay for these days, or the issue could be addressed in an employee handbook. But, as a general rule, "a company can tell you when you can and can't use leave."

Copyright The Washington Post Company, December 7, 2003