Forced to use CTO during extreme weather conditions

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Forced to use CTO during extreme weather conditions

In Massachusetts, can my employer force me to use CTO during an extreme weather event, when my place of employment decides to close? My sick/vacation/holiday time off is accrued in a ‘Combined Time Off’ bank….

Asked on June 11, 2018 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your emloyer can do this. The fact is that such time is not legally required to be given, therefore to the extent that it is provided a company has a great deal of say over when or how it is used. Accordingly, unless this mandate violates the terms of a union agreement or employment contract, it is legal. Bottom line, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your emloyer can do this. The fact is that such time is not legally required to be given, therefore to the extent that it is provided a company has a great deal of say over when or how it is used. Accordingly, unless this mandate violates the terms of a union agreement or employment contract, it is legal. Bottom line, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). 


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