forced paid leave

[imler]

What is the name of your state (only U.S. law)? Pennsylvania
is a company allowed to make me use my vacation time even though i have worked over 40 hours that week?
i had scheduled 1/2 day off last friday to travel home to see my sick father. when i left friday i had 42 worked hours.
when i came back i found that they had added 1/2 paid leave day to my pay so i was paid for 40 straight 4 paid leave and 2 overtime. i wanted to use that paid leave at the end of the month to see may father again. their reason was that my department was on mandatory overtime.
i have worked there over six years and have never had this done before. i am told they have been doing this to our shop personnel for some time. is this legal?
thanks

 

[pattytx]

Short answer, yes, because there is no law that prevents it. It's legally irrelevant that you may have worked more than your scheduled hours already.

 

[cbg]

And the answer would be the same in all 50 states.

 

[imler]

thank you. sure doesn't seem right because it is earned leave.
but i understand

 

[cbg]

The fact that it is called earned leave does not mean that you get to decide when you do and do not take it. The company has no legal obligation to allow you to take unpaid time so that you can save your paid time for later, thus increasing the amount of time you are not at work.

 

[imler]

Are they required to do this across the board for everyone or can they pick and choose when and to whom this rule applies? Should this be in the employee handbook?
Thanks again

 

[pattytx]

They are not required to do it either way. It's up to the employer. And unless the decision as to whom they do it for is based solely upon a protected characteristic, such as age, race, gender, etc., then employees can be treated differently.

I will say that I haven been in payroll management for a lot of years, and this is, in fact the more common policy by far. PTO/Vacation is intended to substitute for time off. I have heard of companies who will limit total hours paid to 40 per week, and decrement vacation accordingly, such as you were apparently expecting, but the way your employer is doing it is more common by FAR.

 

[cbg]

I agree. While I have worked for employers who do not require this, far, far more employers handle it exactly this way than do not.

Because it is such a very common practice, I would not expect to find it in the employee handbook, nor does it have to be. They may make exceptions if they wish, as long as they do not make them based on a characteristic protected by law (race, religion, national origin etc.).