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Forced to take PTO time for day off Illinois

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  • Forced to take PTO time for day off Illinois

    I am an exempt salaried employee and took a day off due to illness, but had 82 hours in for a two week pay period, can they make me put PTO time down for the day off if I had my required hours in?

  • #2
    Yes, they can. I'm not saying I agree with doing so if you've worked that many hours the rest of the week, but no law prohibits it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Unfortunately yes. "Exempt" is a function of the federal FLSA law and "PTO' ( or any other type of benefit time) is not. Federal DOL is on record saying that they have no interest in what happens to the benefit hour balance in this situation. PTO (in the broad sense of the word) is solely controlled by state law (if any) and company policy. I have no idea what rules (if any) your state has on this subject.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Well, not what I wanted to hear, but I guess I'll have to deal with it. My plan is to use the fact that they are exempt employees too and won't want to take PTO time if they have their time in. A law based argument would have been better, but I can be pretty persuasive.

        Thanks for your help.

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        • #5
          Originally posted by cbg View Post
          Yes, they can. I'm not saying I agree with doing so if you've worked that many hours the rest of the week, but no law prohibits it.
          I believe the 82 hrs. was for two weeks but it doesn't make any difference to the answer.

          Since they offer PTO, they can require you to use it for the day you took off for illness.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Betty3 View Post
            Since they offer PTO, they can require you to use it for the day you took off for illness.
            Which is the intent of PTO, after all. What the OP is wanting is some leeway (which I would give if I were the manager and my company allowed it) or some type of formal (or informal) comp time plan for exempt employees, which is very rare in private industry.

            It's possible the employer had been burned by exempt employees taking advantage of some leeway previously allowed, and that's why they're cracking down now.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              Which is the intent of PTO, after all. What the OP is wanting is some leeway (which I would give if I were the manager and my company allowed it) or some type of formal (or informal) comp time plan for exempt employees, which is very rare in private industry.

              It's possible the employer had been burned by exempt employees taking advantage of some leeway previously allowed, and that's why they're cracking down now.
              I know she wanted some leeway but I was saying since they offer PTO & she has it, they can require she use it. They did nothing illegal even though they could have given her some leeway.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                I don't think anyone is debating the legality of their position. Just whether or not it is good management to be that inflexible.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Nope, I wasn't. Just trying to explain the possible reasoning behind what I also agree is an inflexible policy.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Oh, ok, now I understand what you were trying to explain & I even agree.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #11
                      Pto

                      What if you are a non-exempt employee? do the same standards apply?

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                      • #12
                        Normally I would tell you to start your own thread instead of hijacking someone else's, but since you've already started two, I'll just refer you to your own thread where your question has been answered.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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