What to do if my employer uses PTO instead of sick and vacation time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my employer uses PTO instead of sick and vacation time?
Recently they have announced that absences must be pre-planned in order to use our PTO so if we call in sick we do not get paid. Is this legal?
Asked on January 4, 2013 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, this is perfectly legal. The law does not require employers to give employees paid sick leave or time--indeed, employers are not required to ever provide any paid time off of any kind (or paid holidays, etc.) and employers could legally fire any employees who miss work due to illness (unless the employee was eligible for and used FMLA leave). Therefore, since it voluntary for employers to provide any PTO, they don't have to provide sick days, and they could terminate employees who miss work, it is legal for an employer to adopt the policy you describe.
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 AttorneyPages.com 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.