Can we require employees to use PTO if they work less than 40 hours? 08-06-2008

Can we require use of available PTO anytime an employee works less than 40 hours (which is a normal work week)? Also, can we require PTO usage to bring total hours up to 40 hours if we temporarily reduce hours due to slow business (ex: 32 hour work week)?

Rita Risser Replies:

If employees are taking time off, then yes, you can require them to use PTO. That's what it is for! But when it comes to an employer-initiated furlough or shortened workweek, there are different rules for exempt and non-exempt employees. For non-exempt employees, it would be best to make it optional for employees to either take PTO or not. You should check with a local attorney about making it mandatory.

For exempt employees, federal law prohibits taking their PTO when the employer shuts down. So, salaried employees must be paid their full salary for the full week if they work any part of the week. See 29 CFR §541.602(a).

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.