Salary Exempt required to use PTO for leaving early, is this legal in TN?

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Salary Exempt required to use PTO for leaving early, is this legal in TN?

Recently, upper management told the salary exempt employees that if we leave
early due to a ‘personal’ reason we would need to use PTO. If we needed to
leave early or come in late due to a doctor appointment, we wouldn’t need to
use PTO, we would be paid for the whole day. If we leave early due to sickness,
we will need to use PTO. Could you please tell me if this is legal in Tennessee?

Asked on December 27, 2017 under Employment Labor Law, Tennessee

Answers:

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

Answered 3 years ago | Contributor

Unless this action violates a provision of an employment contract or union agreement, it is legal. As a general rule, PTO is not legally required to be given. Therefore, to the extent that a company provides it, it can set the conditions under which it can be used. The fact is that most employment is "at will" which means that a business can set the terms of work 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

Unless this action violates a provision of an employment contract or union agreement, it is legal. As a general rule, PTO is not legally required to be given. Therefore, to the extent that a company provides it, it can set the conditions under which it can be used. The fact is that most employment is "at will" which means that a business can set the terms of work much as it sees fit (absent some form of legally actionable discrimination).  


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