What to do if you catch your employee on a quiet vacation, according to an HR exec (2024)

"Quiet vacationing" — employees secretly taking time off or using tools to circumvent monitoring software — is rising.

Nolan Church, a cofounder and the CEO of FairComp and Continuum and a former head of talent at DoorDash, says the erosion of manager trust in employees leads to this bad behavior.

"Quiet vacationing is happening for two big reasons: bad managers who manage to the lowest common denominator and the adoption of pedantic parenthood traits into the working world — especially in tech."

In a 2023 survey of 1,000 US business leaders by Resume Builder, 96% of respondents working at organizations with a primarily remote or hybrid workforce said their firms used some form of employee-monitoring software.

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Business Insider has previously reported that large corporations like Amazon and JPMorgan monitor how often employees come into the office or even implement software on employees' devices that activate microphones and webcams without the users' knowledge.

In a recent poll of nearly 2,000 US and UK employees, 53% of US employees said they felt their employers weren't being open and transparent about workplace surveillance, and 71% of UK employees said it's unethical.

And like rebellious teenagers, some employees are taking their time back.

Church told BI the two main tactics workers were using to regain autonomy were "installing mouse-moving devices and starting Zoom or Microsoft Teams meetings with themselves because it keeps the computer on and looks like the employee is actively on their computer."

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BI has previously reported on employees using mouse jigglers and other methods to take secret vacations or work multiple jobs at once.

Quiet vacationing is a sign of poor company culture and management

Church acknowledged employees looking to do the bare minimum do exist but said the majority of employees don't fall into this category.

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"What does it say if an employee feels they can't take an extra day vacation or have to sneak out to go on vacation?" Church said. "You don't trust your employer, and that ultimately is a toxic relationship."

He said treating a few bad actors with a blanket monitoring solution was a "terrible way to manage" and could negatively affect high-performing people.

Implementing surveillance tools, Church said, sends the wrong message to employees. It says, "I need to make sure that you're at your desk for your working hours, and I'm paying you to have your ass in a seat," he told BI.

Even in globally distributed companies, Church said, proper leadership is key to avoiding a low-performance environment.

Employees should have clear goals and objectives, and companies should measure employee performance based on those metrics, Church added.

He did note that trust is a two-way street. He said employees should be transparent with their employers about wanting or needing time off, adding that employees shouldn't "assume the employer is going to say no" with proper notice.

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A one-size-fits-all approach isn't the best way to manage employees who are taking quiet vacations

Punishing top-performing employees for taking a day or two occasionally can lead to top talent exploring opportunities elsewhere, so it's a balancing act, Church said.

As a CEO, Church said if he found out a high-performing employee wasn't at their desk for a certain period, he wouldn't do much. High performers get "special treatment," he said, adding: "They aren't paid to be in their seats; they're paid for the outcomes they can deliver."

However, if someone is the top performer but leaves their colleagues or clients in a lurch, "that's not high-performer behavior," Church said. "In that case," he added, "what I would do is I would very clearly deliver feedback on the behavior that was experienced versus the behavior that was expected."

Church said it's important to give high-performing employees a chance to come clean if caught.

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If an employee comes clean, Church said, "document the reason and give them feedback that you expect them to improve and be clear about that." But if they lie, that would be grounds for termination.

For middle-of-the-road and low performers, there are two paths management can take if it finds someone away from their desk for prolonged periods, Church told BI.

"One path is a zero-tolerance policy, and in that path, you immediately move to termination," he said. "The other path is document the violation and give an opportunity to improve."

He added: "This rift between employers and employees is driven by a lack of trust on both sides, and these sorts of surveillance techniques are not helping bridge the rift."

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Companies should encourage and support great management first and foremost.

"It's not like people are dumb," Church said. "They'll find ways to skirt the system if they feel like they're not treated like adults."

What to do if you catch your employee on a quiet vacation, according to an HR exec (2024)

FAQs

What to do if you catch your employee on a quiet vacation, according to an HR exec? ›

Church said it's important to give high-performing employees a chance to come clean if caught. If an employee comes clean, Church said, "document the reason and give them feedback that you expect them to improve and be clear about that." But if they lie, that would be grounds for termination.

Can you be fired while on vacation? ›

Even though they're on a qualified leave of absence, they can still be fired for their misconduct. As long as the reasons for firing aren't based on discrimination, retaliation, or the FMLA request itself, this doesn't break any laws. Additionally, no law exempts employees on leave from layoffs.

Can your employer contact you while on vacation? ›

Contacting employees on leave isn't required, but it's a good idea. There are no legal requirements to keep in touch with workers while they're out on leave. However, there are good business reasons to not let your employees think that you have forgotten about them.

Can your boss stop you from taking vacation? ›

Employee Leave Under California Law

Once you've earned vacation days, your employer cannot take them away from you or implement policies that would make you hesitate to use them. This leave is considered part of your compensation, and withholding it is compensation theft.

How to quiet vacation at work? ›

Quiet vacationing is the practice of employees going on vacation without letting anyone, including direct managers, know about it. An employee who's quiet vacationing won't request PTO but allows their manager to believe work is continuing as usual.

Can your job fire you for using PTO? ›

While an employer normally will not fire an employee for using their PTO, it can happen in some circ*mstances. For example, if you do not follow the correct procedure for getting approval for your PTO, or fail to prepare your workload for the time you are away, that can lead to discipline or termination.

Can my boss tell me I cant go on vacation? ›

Yes, the decision to approve or deny the use of accrued vacation time is up to you. But you should have—and document—a legitimate business reason for doing so. This is also assuming you deny vacation requests in a consistent and nondiscriminatory manner.

Do I have to answer work calls on vacation? ›

So to summarize, yes, your boss can fire you for not answering your phone on your day off. Some employers are respectful of employees' time off. Others may abuse at-will employment laws and harass you consistently on your days off. In fact, they may consider it part of your job.

What is the touch the wall rule? ›

As she says, “You can discipline, fire, demote, yell at, or dock vacation time. But you may not dock pay.” Her advice: Follow the “touch the wall” rule. If an exempt employee shows up or does any work at all, even for 15 minutes (i.e. touches the wall), he or she must be paid for a full day.

Can employers contact you while on leave? ›

If you are out on leave under the federal Family and Medical Leave Act (FMLA) because of your own or a family member's health issues, you and your employer can have some contact. It's generally acceptable if your employer reaches out to you to ask a question or clarify an issue while you're away from work.

Can my boss refuse to give me a day off? ›

In general, an employer has the right to deny a vacation request from an employee. However, the specific circ*mstances surrounding the employee's request and the employer's reasons for denying the time-off request can be subject to legal limitations.

Can my manager deny my time off request? ›

California's labor laws do not specifically mandate or regulate paid vacation time. Therefore, employers have the discretion to approve or deny vacation requests based on legitimate business needs, such as staffing requirements or operational demands.

How do I say no to an employee request? ›

Here are eight tips for how to say no to employee requests without sacrificing morale.
  1. Set yourself up for success.
  2. Acknowledge and clarify.
  3. Give a legitimate reason.
  4. Offer a plan B.
  5. Don't leave employees hanging.
  6. Express empathy without wavering.
  7. Provide feedback and express gratitude.
  8. Keep the bigger picture in mind.
Nov 30, 2023

What is quiet firing? ›

Quiet firing refers to management intentionally or unintentionally creating unfavorable work conditions that lead an employee to quit. This is done through steps like refusing to give an employee a raise, failing to provide upskilling opportunities and excluding an employee from team meetings and activities.

What is a quiet vacation instead of PTO? ›

Taking a 'quiet vacation' is the latest social media trend taking off in the workplace, where employees are taking mini-vacations during their remote days.

What is the difference between quiet quitting and quiet vacationing? ›

Many people are familiar with the term “quiet quitting,” which remains relevant today. However, employers should also be aware of a new trend called “quiet vacationing.” Quiet vacationing refers to employees taking time off work discreetly, without formally notifying their employer or officially requesting leave.

Does an employer have to tell you you're fired? ›

Employers are generally not legally required to tell employees why they are being terminated. One near exception to this is mass layoffs. The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to give them advance notice of layoffs or plant closures.

Can I get fired for leaving work without permission? ›

Leaving early from work without permission is a clear act of miss conduct. You can fire a worker for leaving work premises without consent, without reasonable excuse. If a worker leaves the work premises without permission once or twice, it is appropriate to have a conversation to understand their issue.

Can you get fired for taking too many days off? ›

The State of California's Paid Sick Leave Laws

It is illegal for a California employer to terminate your employment if you use sick leave that you have accrued and are entitled to use. If you are fired for using your sick leave, you might be able to file a lawsuit for wrongful termination.

Can you get fired on your day off? ›

Your Job is Not Protected When You are Off

Employers typically give you this time to incur good will. Some states do, however, require it. But your employer is still free to fire you for any non-discriminatory reason.

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