Can an employer deny use of earned PTO?
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Can an employer deny use of earned PTO?
An employee requested to use bereavement days but could not provide documentation
to validate its use. The employee then asked to use some of his earned PTO days
in place of the bereavement but the employer has denied the request. We
understand vacation PTO is not an automatic benefit but is the denial of earned
PTO allowed?
Asked on February 25, 2016 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
PTO is a disceretionary benefit. This means that an employer does not have to offer it, however to the extent it does the employer typically has a great deal of say as to just when or even if it can be used (this includes for either vacation or bereavement purposes). The fact is that in at-will employment a company can set the conditions of the workplace much as it sees fit. Therefore, unless there exits an employment contract or union agreement or company policy that provides otherwise, your employer's action is legal. Additionally, your treatment must not be due to any form of actionable discrimination.
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