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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4530
Experience:  Exclusively practice labor and employment law.
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I am a nurse scheduled for 36 hours a week. We frequently

Customer Question

I am a nurse scheduled for 36 hours a week. We frequently pick up extra shifts for incentive. In the past we were able to use PTO if we are put on call for these shifts and they now say we cannot use PTO for anything over our 36 hours. Is this legal
Submitted: 3 months ago.
Category: Employment Law
Expert:  John replied 3 months ago.

Yes this is a legal practice. Paid time off is not mandatory per any law. Thus it is the employer's prerogative generally (assuming you do not have a union that negotiates the terms and conditions of your employment for you) to decide how and when PTO can be used. In short, yes than can limit use of PTO to achieve only up to 36 hours per workweek.

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