Does my employer have the right to hold my PTO if earned and I need off do to a injury and doctor’s orders?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my employer have the right to hold my PTO if earned and I need off do to a injury and doctor’s orders?

Asked on July 4, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

While an employer cannot indefinitely prevent an employee from using PTO which he/she earned as part of his/her compensation, the employer can exercise a say over "when" the employee uses the PTO. That is, the employer can prevent the employee from using it if it a particularly busy time, or there is some large or important project the employee is working on; or if the employer is understaffed at that time; or if the employee didn't provide enough notice for the employer to compensate for the workload; etc.

There  is no hard and fast rule as to when an employer is permissibly exercising its right to manage its staffing levels and business vs. when it is impermissibly refusing to allow an employee to use something he or she earned as part of compensation. If you feel your employer is simply not letting you use PTO, as opposed to telling you to simply not use it now due to business needs, you should speak with an employment law attorney to review your options. Good luck.


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 with SHA-256 Encryption