Can you be forced to take PTO when they are remodeling your office?

UPDATED: Sep 19, 2012

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Can you be forced to take PTO when they are remodeling your office?

Asked on September 19, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you cannot work for some period of time--including due to an office remodel--then the employer may require you to use paid time off during that period. Remember:

1) An employer does not need to pay you when you cannot or do not work unless you use PTO, so the alternative to using paid time is an unpaid suspension or furlough.

2) Employers do not have to provide PTO in the first instance; it is voluntary on their part to give employees PTO or let them earn PTO. Since it's the employer's choice whether or not to provide PTO, the employer may determine rules for how it is used--such as requiring it to be used, when an employees has it, as an alternative to unpaid time.

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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