Is it legal if my employer requires salaried employees to take PTO in 8 hour increments only?

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Is it legal if my employer requires salaried employees to take PTO in 8 hour increments only?

The PTO does not differentiate between vacation time and sick time. However, if one became sick in the afternoon and wanted to take off 4 hours for feeling sick, they could not without using 8 hours. Hourly employees on the other hand, can take sick time by the hour. Is this allowed to mandate to use sick leave in 8 hour slots?

Asked on June 29, 2015 under Employment Labor Law, Tennessee

Answers:

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

Answered 6 years ago | Contributor

Yes it is. The fact is that PTO is a discretionary benefit provided by an employer (i.e. it is not legally required to be given). Therefore, an employer has a say in when and how it is used. Absent state law to the contray, or if this mandate violates the terms of a union agreement or employment contract, it is perfectly legal. In at will employment, an employer can set the terms and conditions of employment much as it deems fit (absent some form of actionable discrimination).


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