Can my employer require me to make up contract hours with a client that they failed to cover while I was out on PTO?

UPDATED: Oct 2, 2022

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Can my employer require me to make up contract hours with a client that they failed to cover while I was out on PTO?

I requested PTO for the birth of my son. My managers did not provide coverage for
the client I was contracted too while I was out for PTO and have since made me
work my regular contract hours and make up the hours missed while I was out. It
has since come to an argument because they are requiring me to provide coverage
to co-worker contracts rather than making them do the same thing that they made
me do.

Asked on October 9, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Having PTO means you were paid for being out; it does not limit your employer's ability to set your schedule once you return. And unless you had a written employment contract which set or specified your your hours, you employer has 100% discretion to set your schedule however it likes, so without a contract, your employer can have you work more hours now to make up hours not covered while you were on PTO.

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 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.

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