Can an hourly employee choose to take leave with out pay when they have personal time.

UPDATED: Oct 1, 2022

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Can an hourly employee choose to take leave with out pay when they have personal time.

Example I am an hourly employee with a current balance of 24 personal hours. I leave work 2 hours early one day and don’t want to use my leave time because I am saving it for my 4 day vacation so I have 3 of the 4 day paid. Can my employer force me to use 2 hours of leave for when I left early.

I look at it as I am an hourly employee and if I want to take a cut in my pay for one pay period that is my choice. As long as my leave taken has been approved.

Asked on May 17, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not your option, unfortunately, unless you have a written employment contract giving you the choice. Otherwise, without a written employment contract, your employer is free to set all the rules, terms, conditions, etc. about the workplace and your job, including requiring you to use paid time off or leave for any absences or misssed work.
Ultimately, it doesn't really matter to you economically: whether you get the two paid hours now or two paid hours later, you are still receiving the same total amount of money. If you want to "save" the pay for later, simply take (for example) two hours of your pay (if they make you use the leave now) and put into a savings account or even under your mattress (so to speak) and don't touch it until your vacation.

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.

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