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Forced to use a PTO day -Is it legal? Pennsylvania

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  • Forced to use a PTO day -Is it legal? Pennsylvania

    In my recently acquired position, the PTO policy is different than previous employers. I could not find this situation in the employee manual.
    I requested a PTO day for a medical procedure. While preparing my time sheet, I asked my supervisor if I had to use the PTO even though I had over 40 hours in the 4 days I worked. He said that this same situation came up before with other employees, and the same applies to me as other employees were told - that I have to use the PTO day, since the company had to pay other workers to fill in for me on my day off. I will get paid for the 8 PTO hours as regular time, so it will be a nice paycheck. That is fine, since I do not plan to be there when I find a better job (soon hopefully), but if that does not happen soon, I would rather have the option of using the PTO another time, since I do not get very many PTO days (as compared to my previous job).


    Thanks,
    Pete

  • #2
    Totally legal and not all that uncommon.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      In fact, if this is the first time you've encountered this you've had remarkably nice employers in the past. This is not only only 100 percent legal, it's how most employers would handle 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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      • #4
        Agree, not illegal. Sorry.
        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

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        • #5
          Thanks!

          Originally posted by cbg View Post
          In fact, if this is the first time you've encountered this you've had remarkably nice employers in the past. This is not only only 100 percent legal, it's how most employers would handle it.
          I never asked with my previous employer of 26 years. I had 5 weeks vacation + holidays and floating holidays, and was exempt salaried, not an hourly employee as I am now, so if the situation ever had occurred, I never asked.

          Thanks everyone for your input and advice!

          psmith518

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          • #6
            Given this specific fact situation, there is no difference between exempt and non-exempt. Either could be required to burn a PTO day. The only significance 40 hours has is that it's the point where overtime begins for non-exempts. Otherwise, for purposes of when an employer can require you to use PTO time, for both exempt and non-exempts, it has no more significance than 35 hours or 42 hours or 27.362 hours.
            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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