Is it legal if my employer requires salaried employees to take PTO in 8 hour increments only?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal if my employer requires salaried employees to take PTO in 8 hour increments only?
The PTO does not differentiate between vacation time and sick time. However, if one became sick in the afternoon and wanted to take off 4 hours for feeling sick, they could not without using 8 hours. Hourly employees on the other hand, can take sick time by the hour. Is this allowed to mandate to use sick leave in 8 hour slots?
Asked on June 29, 2015 under Employment Labor Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes it is. The fact is that PTO is a discretionary benefit provided by an employer (i.e. it is not legally required to be given). Therefore, an employer has a say in when and how it is used. Absent state law to the contray, or if this mandate violates the terms of a union agreement or employment contract, it is perfectly legal. In at will employment, an employer can set the terms and conditions of employment much as it deems fit (absent some form of actionable discrimination).
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.