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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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My employer is offering 4hrs of Holiday pay on Christmas eve

Customer Question

My employer is offering 4hrs of Holiday pay on Christmas eve due to the office is closing early, my supervisor however is stating that because I had requested the day off weeks I go I must use a full 8hrs of PTO. I was not aware the company closed early that day or I wouldn't have requested a full day off. Is my supervisor right on making use my earned PTO when the company is offering 4hrs of PTO that day?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

I won't say that it is right, but it is legal. This is mostly because employment law does not require an employer to offer either PTO or holiday pay. Both are completely discretionary items that an employer does not have to offer at all.

Because of this, an employer may set out the rules for use of both PTO and holiday that they see fit. If this is your employer's rule, they can enforce it and a court wouldn't challenge it at all.

The only way then that this could be shown to be illegal is if it expressly violates their own written policy (not that you can't find a policy saying they can do it, but rather, it violates a policy saying they can't do it) or if you can show that others are not treated in the same way, and that it appears to be discrimination against you based on your race, religion, gender, age, disability or recent FMLA use (so, others aren't charged the full 8 hours even though they too took the day off).

Expert:  Allen M., Esq. replied 11 months ago.

I am just seeing your additional information, for some reason, about not being permitted to cancel your day off.

I wanted to address that too so that my response is complete.

Regrettably, that is also permitted. An employer can require an individual to use PTO, once it is approved and can also place limitations on the granting of and use of holiday pay. Again, this comes down to the very wide discretion that an employer has with the use of such benefits.

I certainly understand that this is not the answer you probably wanted to hear. I do wish I could have given a more favorable response but they law ties my hands. I certainly hope that you will not punish the messenger here and will be willing to rate my service even though I can't give you perhaps the response you wanted.

If you have further questions, please just ask them.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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