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Maybe. I work for a company out of State that used PTO. The…

Maybe. I work for...

Maybe. I work for a company out of Washington State that used PTO. The company itself is based in Missouri. They count how many unplanned days off we have (as in if we call in sick, that counts) and how many times we leave early (so if we're sick and leave work early, that counts). If we have 6 or more "occurrences" in a rolling 12 month period, we can be put on an employee improvement plan or could be subject to termination. Is this legal?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Company is based in Missouri. I work for their office in Seattle, WA.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time. It was salary but they changed it so people who made over $48K are salary and people who make below are hourly. We have the same job though.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all. Thank you,.

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5/18/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
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Good morning,

Unfortunately, yes it is legal. Neither federal or state law address PTO, sick leave, or other fringe benefits. These are generally a matter of agreement between the employer and employee, such as a policy set forth in an employee handbook, and employers are given discretion to create any type of plan that works for their business. Where the law would get involved is if it was unlawful or illegal in nature. For example, if the system set up by your employer discriminated on the basis of race so that minorities could be put on an improvement plan after 3 occurrences and white employees after 6, that would be unlawful, because an employer cannot discriminate on the basis of race, religion, age, sex, disability or national origin.

Furthermore, the majority of states (with the exception of Montana) are "at will" employment states. Thus, in the absence of an employment contract or union agreement, an employee is subject to termination at any time, for any reason, or no reason at all, so long as they are not terminated for an unlawful or illegal reason.

RobertJDFL
RobertJDFL, Lawyer
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Customer reply replied 1 year ago
Darn. Thank you for your insight.

My pleasure. I'm sorry the news couldn't be more positive for you, but it would be unfair to you to tell you something that wasn't true.

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