Forced to USE PTO?

[Damien39]

Can our employer make us use PTO even though we worked over 40 hours? Example: I have worked 44 hours by Thursday evening, and need to go to Doctor Friday. They still make us use 8 hours of our PTO time. I don't see how that is legal, when we have already worked 40 or more hours that week. They make us use it even if just to take off for 2 hours... They automatically do it. We are Hourly employees, in State of Alabama.

 

[cbg]

It is 100% legal in all 50 states. There is no special significance to 40 hours in the week, other than it is the point at which overtime becomes required. If you only need two hours, you should only have to use two hours (although at the Federal level and in Alabama at least, there is no law to that effect) but there's nothing anywhere in the US that says you can't be required to use PTO if you've worked x number of hours.

 

[Taxing Matters]

Can our employer make us use PTO even though we worked over 40 hours? Example: I have worked 44 hours by Thursday evening, and need to go to Doctor Friday. They still make us use 8 hours of our PTO time. I don't see how that is legal, when we have already worked 40 or more hours that week. They make us use it even if just to take off for 2 hours... They automatically do it. We are Hourly employees, in State of Alabama.

I assume that you mean that the employer is making you use paid time off (PTO) because, in your example, you were scheduled to work Friday and then wanted to take time off from your scheduled work time. The use of PTO is not only legal but makes sense because you are asking for time off that you had been scheduled to work. The fact that you already worked 40 hours that week makes no difference here because it's not like there is any law that prevents the employer from scheduling you for more work once you reach 40 hours. Let me put it in perspective another way: if you didn't have PTO to use and you didn't work the hours you were scheduled to work the employer would be free to fire you for not showing up unless the reason you didn't show up was protected by law, like using unpaid leave under the federal Family and Medical Leave Act (FMLA). So the employer is free to say that it will allow you to take the time off and not fire you for it but you'll have to use your PTO to do it. And there is nothing illegal about that.

 

[gryndor]

I wonder if her check would have 4 hours of OT, or 12 hours of OT. Like, do 32 of her working hours and the 8 hours of PTO pay out at regular rate and everything over that at the OT rate?

Sounds like OP expects flex time, but it really depends on what the employer wants to see. If they're interested in filled out time cards accounting for every second, this makes sense to me.

 

[Taxing Matters]

I wonder if her check would have 4 hours of OT, or 12 hours of OT. Like, do 32 of her working hours and the 8 hours of PTO pay out at regular rate and everything over that at the OT rate?

Legally the employer is only required to pay overtime rates for work actually done that exceeds 40 hours during the week. The PTO time does not get counted in as hours worked and thus not part of the overtime computation.

 

[PayrollHRGuy]

Legally the employer is only required to pay overtime rates for work actually done that exceeds 40 hours during the week. The PTO time does not get counted in as hours worked and thus not part of the overtime computation.

The OP said...

I have worked 44 hours by Thursday evening

The PTO would be paid at the regular wage but there should be 4 hours of OT.

 

[Zigner]

The OP said...


The PTO would be paid at the regular wage but there should be 4 hours of OT.

Yes, and that doesn't conflict with what TM said. PTO hours are not factored in when calculating OT.

 

[PayrollHRGuy]

Yes, and that doesn't conflict with what TM said. PTO hours are not factored in when calculating OT.

It doesn't I was trying to clarify for gryndor,

 

[FarmerJ]

Is there a union contract with this job ? I ask because I have never heard of a employer that was willing to pay out PPL /PTO in the same week they have already paid OT since the employee would likely have already gotten their hours, Where I work they sure wont give up PPL in the same week as OT EG if your a 40/ 40 ( 7a to 3p ) position and you had 8 hours of PPL-PTO scheduled for a Monday but the Thursday before they and asked you to work a extra four hours from 3p to 7pm since you would have worked 36 hours you would only be granted 4 to make your forty if you had done a double 7a to 11p and still hit your 40 per week then they will not pay PPL at all that same week SO maybe the OP might consider this to be a gift horse and set that extra money aside for a time when they don't have enough PPL- PTO and must take time off anyway.

 

[Pinkie39]

Is there a union contract with this job ? I ask because I have never heard of a employer that was willing to pay out PPL /PTO in the same week they have already paid OT since the employee would likely have already gotten their hours, Where I work they sure wont give up PPL in the same week as OT EG if your a 40/ 40 ( 7a to 3p ) position and you had 8 hours of PPL-PTO scheduled for a Monday but the Thursday before they and asked you to work a extra four hours from 3p to 7pm since you would have worked 36 hours you would only be granted 4 to make your forty if you had done a double 7a to 11p and still hit your 40 per week then they will not pay PPL at all that same week SO maybe the OP might consider this to be a gift horse and set that extra money aside for a time when they don't have enough PPL- PTO and must take time off anyway.

I work in a unionized government job. If we use sick time during an overtime week, any equivalent amount of overtime is paid at straight time. If we take pre scheduled vacation time, any overtime is still paid at time and a half.

Now, for non unionized employees at my employer, using vacation time does affect their overtime.

My husband works for a non unionized private employer, and using sick or vacation during an overtime week doesn't affect their overtime either way. I realize that's unusual though.

 

[PayrollHRGuy]

Overtime is legally required under federal for hourly workers for all hours WORKED over 40. What deal your union struck doesn't change that law.

Some state laws require overtime to be paid on per day basis as well.

 

[TheGeekess]

Overtime is legally required under federal for hourly workers for all hours WORKED over 40. What deal your union struck doesn't change that law.

Some state laws require overtime to be paid on per day basis as well.

Alabama is not one of those states.

 

[PayrollHRGuy]

Alabama is not one of those states.

And for @Pinkie39 that only applies to my sentence about state law.