Salary Exempt required to use PTO for leaving early, is this legal in TN?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Salary Exempt required to use PTO for leaving early, is this legal in TN?
Recently, upper management told the salary exempt employees that if we leave
early due to a ‘personal’ reason we would need to use PTO. If we needed to
leave early or come in late due to a doctor appointment, we wouldn’t need to
use PTO, we would be paid for the whole day. If we leave early due to sickness,
we will need to use PTO. Could you please tell me if this is legal in Tennessee?
Asked on December 27, 2017 under Employment Labor Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless this action violates a provision of an employment contract or union agreement, it is legal. As a general rule, PTO is not legally required to be given. Therefore, to the extent that a company provides it, it can set the conditions under which it can be used. The fact is that most employment is "at will" which means that a business can set the terms of work much as it sees fit (absent some form of legally actionable discrimination).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless this action violates a provision of an employment contract or union agreement, it is legal. As a general rule, PTO is not legally required to be given. Therefore, to the extent that a company provides it, it can set the conditions under which it can be used. The fact is that most employment is "at will" which means that a business can set the terms of work much as it sees fit (absent some form of legally actionable discrimination).
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.