Can an employer force you to exhaust all of your PTO at the end of the year when it is accrued bi-weekly?

Asked on August 31, 2015 under Employment Labor Law, Arizona


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

Answered 5 years ago | Contributor

PTO is not legally required to be provided by an employer. So to the extent that an employer chooses to give it, it is considered to be a discretionary benefit. Therefore, an employer can set the terms and conditions on how and why it is used. This is true unless an employer's action surrounding the use of PTO constitutes some form or employment retaliation or discrimination. Further, if the terms of a union contract or employment agreement provide otherwise, then an employer comply with their terms.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an employer may do this. There are no laws controlling PTO or, for that matter, even requiring employers to give employees PTO in the first place, so it's entirely up to employers employers have discretion to make rules governing PTO, and can require employees to use it up by the end of the year or lose it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.