PTO rights?

[JustAsking9]

What is the name of your state?I work in Texas for a midsized company.

They are planning a plant shutdown to coincide with the holidays
at the end of the year. They have announced that they will be
requiring us to use Paid Time Off (PTO) hours to cover this shutdown,
even if we would rather accept time without pay.

The company policy grants the company no rights to dictate how
we use our accrued hours (though as another employee offered,
it does not prohibit this either.)

Can they do this? Do they have the right to dictate when hours
must be used?


Thanks for any help.

 

[Beth3]

Can they do this? Yes, and it's quite common.

Do they have the right to dictate when hours must be used? Yes. Your employer doesn't have to provide you with paid vacation or PTO to begin with. They may always dictate when it is used, anytime they care to exercise that perogative.

 

[JustAsking9]

Thanks for the quick answer.

I understand that there is no legal requirement to provide PTO,
but from what I have read, they are legally required to follow
the company policy once it has been granted.

Your answer implies they are allowed to take any action they
wish that is not specifically forbidden in the policy? I thought
from a legal viewpoint. the policy document has to state any
abilities/rights given to either party. Is this not the case?

I understand that the company can change the policy at their
discretion. However, until they do, can they actually claim
controls not stated in the policy?


Thanks again.

 

[cbg]

They are not even required by law to HAVE a written policy, let alone have that policy dictate what they must do in all circumstances.

There is no getting around it; what they are doing is legal.

 

[Beth3]

I understand that there is no legal requirement to provide PTO,
but from what I have read, they are legally required to follow
the company policy once it has been granted. That is not true but even if it were, your employer's policy doesn't state that they allow employees to take PTO whenever they wish to. Whether you are aware of it or not, your employer is routinely exercising controls over when PTO may be taken. What if every employee in a department requests PTO for the same week? You can be assured they're not allowing that to happen.

Your answer implies they are allowed to take any action they
wish that is not specifically forbidden in the policy? Even if they had a company policy that specifically prohibited something, they could still deviate it when they wish to. Company policy has no force of law.

I thought from a legal viewpoint. the policy document has to state any
abilities/rights given to either party. Is this not the case? That is true of a contract, not company policy.

I understand that the company can change the policy at their
discretion. However, until they do, can they actually claim
controls not stated in the policy? Yes. If I want to put a policy in my employee handbook forbidding anyone from wearing green shirts on Tuesdays, I can change my mind about that anytime I like even if I don't change the policy manual. PTO/Vacation is the same thing.