Can employer require employee to keep a minimum of hours in their pto banks? Meaning, they cannot use what they have accrued? Like you always have to have 40 in there at all times?

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Can employer require employee to keep a minimum of hours in their pto banks? Meaning, they cannot use what they have accrued? Like you always have to have 40 in there at all times?

Can employer require employee to keep a minimum of hours in their pto banks?
Meaning, they cannot use what they have accrued? Like you always have to have 40
in there at all times?

Asked on October 30, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is legal IF the employer made the employee aware of that requirement before those 40 hours were earned or accrued, since in that case, those were the rules or policy under which the hours were earned. Remember: the law does not require employers to provide any PTO. Since it is voluntary for them to provide it, they may put limitations on its accrual or use. But if the hours were accrued before this policy was out in place, then the employer may not retroactively put restrictions on hours the employee worked for in good faith without restrctions.
 


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