Forced paid time off after the fact

[Jemp]

Can an employer legally force employees to use paid time off after the fact - if employees already worked that week?

[goddessoflubboc]

Re: Forced paid time off after the fact

A little more information would be helpful, but if you physically worked the hours, and you’re in the US, you cannot then have PTO assessed for those same hours.

[Lexus]

Re: Forced paid time off after the fact

Many employers have peak operating times when an employee's absence would cause a hardship. Employers may apply restrictions regarding the use of vacation leave during these times as long as they do so consistently and without discrimination. Employers should apply caution against unduly restricting the use of leave; if an employer offers the benefit of paid time off, employees should have a reasonable opportunity to take advantage of the benefit. Employers restricting the use of PTO or forcing employees to use PTO should check state legal requirements prior to implementing such a policy. For example, a California Division of Labor Standards Enforcement internal memorandum indicates employers must provide a minimum of a 90-day advance notice when requiring exempt employees to take mandatory vacation/PTO.

[Jemp]

A little more information would be helpful, but if you physically worked the hours, and you’re in the US, you cannot then have PTO assessed for those same hours.

The situation is that the servers were down, so billable work was light. But employees worked the full week, and after the fact were told to use paid time off rather than bill to overhead.

[Jemp]

Many employers have peak operating times when an employee's absence would cause a hardship. Employers may apply restrictions regarding the use of vacation leave during these times as long as they do so consistently and without discrimination. Employers should apply caution against unduly restricting the use of leave; if an employer offers the benefit of paid time off, employees should have a reasonable opportunity to take advantage of the benefit. Employers restricting the use of PTO or forcing employees to use PTO should check state legal requirements prior to implementing such a policy. For example, a California Division of Labor Standards Enforcement internal memorandum indicates employers must provide a minimum of a 90-day advance notice when requiring exempt employees to take mandatory vacation/PTO.

It is a nation wide company, and employees were told after working a full week to use paid time off hours for the week rather than bill to overhead. With no notice. If they had said up front, take the week off, that would have been different. But after working a full week and then being told to use paid time off hours, as if you hadn't worked a week, seems like theft to me.

[goddessoflubboc]

Re: Forced paid time off after the fact

They cannot do that.

[Jemp]

They cannot do that.

What is my recourse? Is there a really a possibility that these corporate leaders could be held accountable?

[goddessoflubboc]

Re: Forced paid time off after the fact

You can go to the state agency that handles such claims where you live, and they will assist you with that. However, understand that this means you’ll lose your job. No they can’t fire you for this, but they will fire you for something. You have to decide if it’s worth it to you.