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Emergency Weather and PTO Indiana

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  • Emergency Weather and PTO Indiana

    I have a question regarding the use of Paid Time Off (PTO) due to a recent state of emergency. Last week we experienced very high winds due to the hurricane that came up from the Gulf of Mexico. Subsequently, power was down at the organization I work at for 1 week. On my way to work Monday I was called by my manager and told not to come to work due to no power. On Tuesday I was told the same thing, neither day did our organization provide an alternative work environment to complete our work. This week we found out that our organization is requiring us to take PTO time due to our not working, when 1) our manager told us not to come in, and 2) the organization did not provide an alternative environment to work in. Can they do this?? Any information would be helpful, links to labor laws, etc.

  • #2
    Yes, they can do this. They can do this because there is no law that says they cannot. I cannot provide you with a link because it is not that there is a law giving the employer permission to do so; it is that there is not a law saying he cannot.

    PTO, vacation and other forms of paid leave are not required by law. With very limited exceptions that do not apply here, the employer gets to make the rules about how and when it is used.
    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
      The organization is not required to provide an "alternate" work site because there is no power.
      "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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      • #4
        May I ask if the OP is an Exempt Salaried employee? And if so, are we talking full workweeks or partial workweeks?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Even if they are exempt, they still can be required to use PTO. They just can't be required to take it unpaid.
          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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