Can a company force workers to use paid time off?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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 7 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. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption