Is it legal to deny PTO??

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Is it legal to deny PTO??

The job is short staffed so they wont grant anyone
any PTO even if they have PTO hours…

Asked on April 29, 2019 under Employment Labor Law, North Carolina

Answers:

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

Answered 2 years ago | Contributor

PTO is a disceretionary benefit. This means that an employer 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 or even if it can be used. The fact is that at-will employment (which most work relationships are), a company can set the conditions of the workplace much as it sees fit. Therefore, unless there exits an employment contract or union agreement to the contrary, your company's action is legal. Your only recourse here is if your treatment is due to some form of legally actionable discrimnation (i.e. based on your race, religion, gender, disability, nationality, age, etc.).


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