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Is it illegal for an employer to you down for PTO when you…

Is it illegal for...

Is it illegal for an employer to mark you down for PTO when you work a full day at home and then upon your return judge how much they think you worked after the fact? This was threatened in an email when I sent a working from home notification and scrum update to my team. To defuse the situation I just took PTO to care for my son who was home sick.

Lawyer's Assistant: Have they discussed this with a manager or HR? Or with a lawyer?

I'm in MN and a salaried. Yes I reported it to HR and then resigned.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Salaried, non-union

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Answered in 1 minute by:
3/26/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,711
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Does the employer has a work at home policy to allow employees to work at home?

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Customer reply replied 4 months ago
Nothing in writing that I’m aware of, but the general it’s to be done only as needed for things like a sick child or weather.

Thank you for your reply.

The state and federal employment laws do not govern the issuance or use of PTO. Under the Fair Labor Standards Act, the law says for salaried employees, their pay is only allowed to be docked or have vacation/sick or PTO used when the employee takes off work for personal reasons. So if you took off to take care of your sick child, the employer can say that is a personal reason and dock your pay or use your time off benefit. Thus, if you can prove that you did the same work you would have done in the office and the employer still insists on docking PTO, then you need to file a complaint with the US Department of Labor or MN Department of Labor wage and hour divisions for improperly docking pay and they will investigate the employer's policy regarding working from home as well as look at the amount of work you performed and they could sanction the employer for improperly deducting from a salary employee.

Additionally, if this is how the employer treats its employees, then it is something you may want to consider in looking for future employment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Follow up question, is the amount of PTO I have remaining considered private information or can it be discussed with the entire company? Through the grape vine I heard it’s was being openly discussed in an all company meeting after I resigned. ~20 people

Thank you for your reply.

There is no privacy requirement on PTO or even salary of employees in the laws. So, they could discuss the PTO with each other in the company.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,711
Experience: 20+ Years of Employment Law Experience
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Customer reply replied 4 months ago
Thank you very much for your replies. I’m post my rating now.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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