Can an employer mandate when PTO is taken based on their scheduling hardships?
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Can an employer mandate when PTO is taken based on their scheduling hardships?
I am a product trainer that installs software for a company around the company. I get paid a base salary plus “commisions” when I am on an install. Recently, I received an email mandating I use my PTO around certain holidays as this was a time they traditionally had a hard time scheduling jobs. Our department was the only department in the company given this mandate. Is this mandate legal?
Asked on April 30, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is legal. Employers are not required to provide paid time off at all--it's perfectly legal to not give employees vacation or sick days, for example. Since it is voluntary on the part of employers whether or not to provide PTO, the employers may also put restrictions or conditions on how it is used, such as requiring that it be used at certain specified times (or conversely, prohibiting its use during the "busy season" or at other inopportune times).
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