Can an employer force you to use PTO or comp time for one of your contract days?

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Can an employer force you to use PTO or comp time for one of your contract days?

I work for a school district as clerical staff. I am contracted to work 202

days of the year, 40 hours a week, with a defined starting and ending date. There are 5 of these 202 days that are designated

Asked on June 1, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is nothing inherently illegal about requiring employees to use PTO for a workplace closure--remember: there is no inherent right to PTO in the first place (i.e. the law does not require that you get any), and so employers may set rules and conditions on it, such as its use for "flex" days. You mention a contract: the employer and you must both follow the contract. If the plain terms of your contract either require or at least permits this, it is legal; if the terms of the contract prevent them from requiring you to use PTO for this purpose, however, they may not do so in violation of the contract.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is nothing inherently illegal about requiring employees to use PTO for a workplace closure--remember: there is no inherent right to PTO in the first place (i.e. the law does not require that you get any), and so employers may set rules and conditions on it, such as its use for "flex" days. You mention a contract: the employer and you must both follow the contract. If the plain terms of your contract either require or at least permits this, it is legal; if the terms of the contract prevent them from requiring you to use PTO for this purpose, however, they may not do so in violation of the contract.


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