Is it legal for an employer to deny the use of PTO?

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Is it legal for an employer to deny the use of PTO?

I have the time but my boss won’t let me use it until after our busy season.

Asked on May 19, 2019 under Employment Labor Law, Connecticut

Answers:

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

Answered 1 year ago | Contributor

PTO is what is known as a disceretionary benefit meaning that a company does not have to offer it. To the extent that it is offered, then an employer typically has a great deal of say as to when it can be used. The fact is that most work relationships are at-will. This means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless you have an employment contract or union agreement to the contrary, your boss's action is legal. Your only recourse here would if your treatment is due to some form of legally actionable discrimnation (i.e. based on your race, religion, gender, disability, nationality, age, etc.). Otherwise, you have no claim.

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

Answered 1 year ago | Contributor

PTO is what is known as a disceretionary benefit meaning that a company does not have to offer it. To the extent that it is offered, then an employer typically has a great deal of say as to when it can be used. The fact is that most work relationships are at-will. This means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless you have an employment contract or union agreement to the contrary, your boss's action is legal. Your only recourse here would if your treatment is due to some form of legally actionable discrimnation (i.e. based on your race, religion, gender, disability, nationality, age, etc.). Otherwise, you have no claim.


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