Can an employer force us to use PTO one day a month?
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Can an employer force us to use PTO one day a month?
Asked on August 22, 2011 Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You didn't give mush by way of the facts, however, the majority of employment arrangements are "at will". This means that an employer can hire or fire someone for any reason or no reason at all. It also means that it can also increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit. Absent something in the nature of an employment agreement, a union contract, or a stated company policy this holds true; also if some type of discrimination is a factor.
More specifically, employees typically see vacation as an automatic condition of employment; something that they can use as they see fit. However the law doesn't see it this way. The fact is that vacations are not legally required. To the extent that an employer institutes a PTO policy it is a discretionary benefit and as such the employer can design it any way that it chooses. This includes when an employee must use this time.
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