Can a company force workers to use paid time off?

My company during it’s less productive time forces all employees to take time off and use their PTO.

Asked on March 15, 2017 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

PTO is not legally mandated. In other words, it is up to an employer as to whether not to provide it. Therefore, to the extent that it does, it has a great deal of say over when and how it is used. This includes having employees take PTO during slow periods. This is true unless such action violates the terms of an employment contract or union/collective bargaining agreement. Botton line, in an "at will" work relationship, an employer can set the conditions of work much as it sees fit, absent some form of legally discrimination.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

PTO is not legally mandated. In other words, it is up to an employer as to whether not to provide it. Therefore, to the extent that it does, it has a great deal of say over when and how it is used. This includes having employees take PTO during slow periods. This is true unless such action violates the terms of an employment contract or union/collective bargaining agreement. Botton line, in an "at will" work relationship, an employer can set the conditions of work much as it sees fit, absent some form of legally discrimination. 


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