Can earned PTO benefits be used at the discretion of an employer if not stated in the company policy?

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Can earned PTO benefits be used at the discretion of an employer if not stated in the company policy?

I had to leave early for a family emergency and my supervisor, without my knowledge, applied sick pto hours to my time card to cover the missed time. I asked my employer about this and was told time cannot be taken unpaid if paid time is available. The handbook states that sick time may only be taken in full day increments.

Asked on February 13, 2018 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless this action violates the terms of a union agreement or employment contraxt, it was legal. The fact is that company policy is a guideline for an employer, not a legal obligation, so it can be changed as an employer deems appropriate. Further, PTO is generally not required to be given under the law. Accordingly, to the extent that an employer provides it, it has a great deal of say over when it is used. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless this action violates the terms of a union agreement or employment contraxt, it was legal. The fact is that company policy is a guideline for an employer, not a legal obligation, so it can be changed as an employer deems appropriate. Further, PTO is generally not required to be given under the law. Accordingly, to the extent that an employer provides it, it has a great deal of say over when it is used. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discimination). 


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