Employer Vacation Policy

For any week with respect to which the Commission finds an individual is unemployed due to a vacation period, the following rules shall apply:

1. No individual may be considered unemployed in any week for which he receives vacation pay equal to a full week’s pay.

2. No individual shall be eligible to receive benefits or waiting week credit for any week during which he is unemployed due to a vacation shutdown when:

1. There exists a written contract between employer and employees, which specifically provides for a vacation period without pay, not to exceed two weeks per calendar year.
2. The individual was notified at the time of employment of the employer’s vacation policy providing for a vacation layoff without pay, not to exceed two weeks per calendar year.
3. The individual was paid regular wages for such week of unemployment.

The above provisions in paragraph 2(a), (b), and (c) will not be applicable if the employer fails to comply with regulations and procedures of the Commission regarding the filing of the employer’s vacation policy and mass claims in connection with the vacation period.

Any employer wishing to have a vacation policy approved is required to submit a letter to the South Carolina Employment Security Commission to the attention of Anne H. Owens, Benefit Department Director, P. O. Box 1477, Columbia, SC 29202. The letter must outline such policy in regard to the dates of the vacation period(s) and the manner in which employees are notified. Additionally, any modifications to a previously approved vacation policy must be submitted at least thirty days prior to the scheduled vacation period.