What to do if we are in a slow season but I am a full-time employee so my hours have been cut and my employer has chosen to use my PTO without my consent to make up the difference?

My employer has chosen to not provide sufficient hours to keep my full0time status and has chosen to use my PTO. When I asked my department head and HR director, they told me that PTO was there to use during the slow time to keep full-time status. I think this is wrong, especially since all the other employees are getting all but 10 of their full-time hours every paycheck.

Asked on July 12, 2015 under Employment Labor Law, Florida


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

Answered 5 years ago | Contributor

Is your treatment the result of legally actionable discrimination (i.e. based on your race, religion, gender, etc)? Do your employer's actions violate the terms of an employment contract, union agreement or company policy? If the answers are "No", then no laws are being violated. The fact is that not all employees need be treated the same or even fairly, just as long as it no�prohibited discrimination is a factor. As for using your PTO, in most instances an employer can set the terms and conditions of employment much as it sees fit. The fact is that such time is not mandated to be given under the law; it is a discretionary benefit given by an employer. Accordingly, it has�a good deal of control over when and how PTO is to be used.

That all having been said, laws do vary from jurisdiction-to-jurisdiction. To be  certain of your rights, you can contact a local employment law attorney or contact your state's department of labor for more information.

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