§ 65.94. Identification of vacation periods.
For the purposes of this subchapter, the term ‘‘vacation period’’ means the following:
(1) A period designated or approved by the claimant’s employer as his vacation.
(2) The period of any plant-wide or departmental closing for vacation except to the extent that the employer of the claimant has granted him a separate vacation period in substitution, in whole or in part, for the general shutdown.
Source The provisions of this § 65.94 adopted July 1, 1969.
Notes of Decisions Vacation Period
Because there is a presumption of eligibility attached to involuntarily unemployed claimants, and to effectuate the legislative intent underlaying the definition and application of ‘‘credit week’’ as a condition of eligibility, every week of vacation time, scheduled or unscheduled, earned during a base year must be allocated as a ‘‘credit week.’’ Poola v. Unemployment Compensation Board of Review, 555 A.2d 97 (Pa. 1989).
A temporary employer shutdown was properly allocated as a vacation period; and, therefore, claimant was not entitled to collect unemployment despite claimant’s contention that the employer’s decision to shut down was merely a negotiating strategy. Appel v. Unemployment Compensation Board of Review, 556 A.2d 973 (Pa. Cmwlth. 1989).
Although employer complied with terms of bargaining agreement permitting 2 week annual shutdown for vacation, the shutdown did not meet the definition of ‘‘vacation’’ since employes were not required to use available vacation leave during shutdown and, in fact, took approved vacation leaves later in year. The employes simply were not ‘‘scheduled’’ to work as opposed to being ‘‘excused’’ from working. Iceland Products v. Unemployment Compensation Board of Review, 492 A.2d 457 (Pa. Cmwlth. 1985).
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