What are my rights if my employer forces PTO on its employees if we are sick or are closed on non-payment holidays?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my employer forces PTO on its employees if we are sick or are closed on non-payment holidays?
It has its benefits but it also has negative repercussions if an employee has to be off for other reasons beyond their control. They have a fit if we are negative starting a new year. Is this whole process legal? And if so, why can’t we decide if we want paid or not during these periods? Most of us can’t even take a vacation anymore without going in the hole.
Asked on December 12, 2015 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that PTO is a discretionary benefit provided by an employer. This means that it is not legally required to be provided. Accordingly, an employer can mandate when and how it is used. Absent state law to the contray, or if this mandate violates the terms of an employment contract, union agreement or company policye, it is perfectly legal. In an "at will" employment arrangement, an employer can set the terms and conditions of employment much as it deems fit or necessary(absent some form of actionable discrimination/retaliation).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.