By: Gregg Zeff
On: July 22, 2024
Are Employers Required to Give PTO?
Paid time off (PTO) poses a myriad of issues and questions for employees when their request is denied by their employer. In the event of a denial of an employee’s request for PTO, it is critical to understand your federal and state PTO rights and whether or not your employee rights have been violated. At the federal level, there is no federal guidance or clear mandates on PTO. In the absence of a federal law, laws regarding PTO are deferred to the individual states to manage. The PTO laws for Pennsylvania and New Jersey are similar in some respects, but different in others. For example, New Jersey requires that employees be given some paid sick leave, whereas Pennsylvania does not have that state-wide requirement. Some of the key aspects of of PTO laws that are frequently called into question include:
- State-Specific Regulations
- Carryover Policies
- Use-It-Or-Lose-It Policies
- PTO Payout at Termination
Neither state has specific laws that require employers to be held accountable to employees’ PTO rights, other than the paid sick leave required under New Jersey law. However, each state defers to the written policies of the employer. Therefore, it is crucial for employees to know and understand their employer’s PTO policy. It is often the employer’s policy that dictates what your PTO rights are and if they have been violated.
Can You Negotiate Paid Time Off?
Negotiating your PTO is a critical step in acquiring time off and is an essential benefit of your employment, arguably just as important as negotiating your salary. When negotiating your PTO, it is essential that you are familiar with your state’s law on PTO and also on your company’s PTO policies. Get familiar with PTO policy through company handbooks and contracts.
There are also two times that are optimal for you to negotiate your PTO: during the job offering stage or when you are successfully achieving and obtaining your work goals. While the job offering stage presents you with the most leverage to negotiate your PTO, if you plan to negotiate more time off with your current employer, the following tips will help you secure more vacation time.
- Choose the most appropriate time to negotiate, such as during evaluations or performance reviews.
- Highlight and expand on your contributions while also having a plan to prove that the PTO will not disrupt workflow.
- Be flexible in negotiations and be prepared for counteroffers and trial periods.
- Use your current allotted PTO; do not enter negotiations for more PTO if you already have a large allotment of PTO built up.
- Get your new PTO agreement in writing.
Of all these tips for successful negotiation, documentation is by far the most significant. If your PTO rights may have been violated, clear documentation of your employer’s policies, contracts, and compensation agreements are crucial in taking legal action.
Can an employer punish you for using PTO?
Under some circumstances, employers can deny your request for PTO. However, if your employer punishes you for using legally protected PTO, then they are violating your employee rights. Employees who are entitled to PTO through their employer’s policy or an employment contract can not be punished or retaliated against for using it under most circumstances. Employers who unlawfully retaliate by means of verbal abuse, bullying, and spreading rumors create an illegal hostile work environment. In cases where the employee is terminated, this unlawful retaliation becomes wrongful termination. If you believe your employee rights have been infringed upon, seek the expertise of an employment attorney at Zeff Law Firm.
Can an employee use FMLA to get time off?
Employee rights to take time off to care for a family member are protected through federal and state FMLA laws. The Family Medical Leave Act (FMLA) provides employees the right to take leave for 12 weeks for family or medical reasons. Employees can take leave for:
- Birth of a child
- Their own serious health condition
- Care for an ill family member
- Adoption
- Foster child placement
However, it is important to note that FMLA leave is not appropriate for paid time off to take vacations or any other purpose not outlined in the law.
Knowing Your Employee Rights and Company Policies
When determining if your employee rights have been violated concerning PTO, strive to get an understanding of the legal provisions that provide your employee rights through your company’s policies, FMLA, and several other important laws like:
- Americans with Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Pregnancy Discrimination Act (PDA)
If you are a union worker, PTO and unpaid leave are commonly outlined in union contracts. Knowing the stipulations of your PTO rights through the law and/or terms of your contract can be helpful if your request for time off has been denied. Seeking the assistance of an attorney can help identify the validity of the denial.
Employee Rights: When to Contact Zeff Law Firm for a Consultation
If you believe your employee rights were violated through the denial of your PTO requests, or that your PTO rights have not been upheld by your employer, it’s time to contact the experts in employment law at Zeff Law Firm. Enlisting the services of our veteran team from either our Philadelphia or Mount Laurel offices, you can rest assured that if your employee rights have been violated, we will get you the compensation you deserve. Contact Zeff Law Firm to schedule your PTO rights consultation today at 856-778-9700.