Jason Wong May 5, 2020 COVID-19, Layoff, Vacation, Overtime COVID-19 FAQ #5 - Is it legal to order an employee to take vacation instead of a layoff? Jason Wong May 5, 2020 COVID-19, Layoff, Vacation, Overtime Recurring FAQ series discussing employment situations regarding COVID-19. FAQ #5: Can an employer order an employee to take vacation, banked overtime, or other leaves of absence instead of a layoff?