Is it legal for a PTO policy to mandate that an unscheduled absence is counted as2 absences if the unscheduled day is a weekend day?
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Is it legal for a PTO policy to mandate that an unscheduled absence is counted as2 absences if the unscheduled day is a weekend day?
Asked on August 6, 2011 Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Actually, it is perfectly legal. Neither federal law nor the laws of most states mandate that vacation time (or PTO) even be offered to employees. So while employees typically think that vacation time (or PTO) is something that they are automaticall entitled to, it doesn't work this way. An empoyer has the discretion whether or not to offer such time. And if it does choose to do so, it can fashion its policies in almost any way that it sees fit. In other words, it can mandate how and when such time is to be used.
Note: If there is a union/government contract to the contrary, it will control. Additionally, if you think that there has been some form of discrimination, then you may also have a case.
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