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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29986
Experience:  Former judicial law clerk, lawyer
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If your job gives you comp time and personal time, can they

Customer Question

If your job gives you comp time and personal time, can they deny you using it whenever you choose to?
JA: Was this discussed with a manager, HR, or an attorney?
Customer: I was having a conversation with my Director and was discussing today. i asked if i chose to call out today could i use the comp time and he said that it has to be done within a "reasonable" time frame and has to be approved. I said I believe that labor law states that comp and personal time can not be refused. Just wondering if I was correct or not. Couldn't find the definitive answer on line
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time, union and I work for the state
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thats the only question
Submitted: 4 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

An employer can set limits on how PTO and comp time may be used, which should be set out in an employment agreement, handbook, or otherwise communicated. They can refuse you if the handbook has limits - but a "reasonable time" is open to interpretation. Most people don't know they're going to be sick in advance, so it wouldn't be reasonable for them to refuse you for calling out at the start of your work day.

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Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?