Is it legal if my employer makes us take an hour personal or vacation time if we’re late 15 minutes?

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Is it legal if my employer makes us take an hour personal or vacation time if we’re late 15 minutes?

She says that 1 hour incruements are the least we can take so if we’re late 15 minutes we have to use any time we have left vacation/personal.

Asked on March 10, 2017 under Employment Labor Law, Massachusetts

Answers:

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

Answered 7 years ago | Contributor

Vacation/personal time (a/k/a "PTO")is not legally mandated, however an employer can choose to provide it. To the extent that it does, it has a great deal of say over when and how such time is used. This includes having workers use an hour of their vacation/personal time to cover when they are late, even if they are only tardy by 15 minutes, etc. This is ture unless such action violates the terms o any applicable union/collective bargaiing agreement or employment contract. Also, it must not constitue some form of legally actionable discrimination.

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

Answered 7 years ago | Contributor

Vacation/personal time (a/k/a "PTO")is not legally mandated, however an employer can choose to provide it. To the extent that it does, it has a great deal of say over when and how such time is used. This includes having workers use an hour of their vacation/personal time to cover when they are late, even if they are only tardy by 15 minutes, etc. This is ture unless such action violates the terms o any applicable union/collective bargaiing agreement or employment contract. Also, it must not constitue some form of legally actionable discrimination.


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