Overtime & PTO Alabama

[ginger1710]

I work in a manufacturing company in Alabama. Currently it is mandatory for production to work 10 hour days including Saturday. The normal work week is 40 hours. During this period of mandatory overtime if you take a day off from work you are required to take 10 hours PTO instead of 8. Also if I take off on Saturday I am require to use PTO. I realize that you have to work 40 regular work hours before you start collection overtime pay. I feel that the company is getting out of paying overtime by 2 hours when it is required to use PTO to cover a 10 hour day when you only accrue PTO for a 40 hour work week and not a 50 to 60 hour week. Is this legal?

[Pattymd]

Personally, I don't think it's fair, but it's not illegal. The law in Alabama does not address how PTO can be utilized, accrued, or even require that the employer offer it.

[ginger1710]

Just to make sure I have this clear.....if it is not mandatory overtime and you are asked to work overtime then the employer can require you to use your PTO to cover the time missed?

[AL HR]

That is correct. In Alabama, as with Federal law, companies do no have to grant PTO time, therefore if they do, it's not regulated. They could pay it out for 8 hours, 10 hours, 0 hours.

As for overtime, you have to physically work over 40 hours in a standard work week (as defined by your employer) to get time and a half. Of course all bets are off if you are a contract worker or in a union. Also, this is specific to Alabama, and most other states. (California has some different rules)

[ginger1710]

Hmmm! and the company wonders why the moral is down. I would like to thank both PattyMD and AL HR for your quick responses. Have a good day.

[Pattymd]

You're welcome. Sorry it wasn't the answer you were looking for.