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Employment Law/Exempt employee and forced PTO

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Question
I am an exempt salaried health care provider. We were recently told that we will be forced to take PTO for any bigger gaps in schedule. I know that taking PTO can be forced when there is no work and employee is sent home but I never heard of forcing taking PTO for gaps (discretionary manager definition would be used) in work during a workday. Is that legal? I could also be sent home midday with PTO taken off while still having patients on my schedule in the evening that I normally see for treatment. They would be seen by an hourly employee. I thought that in a case of low census a salaried employee would have priority for work over an hourly one, if work is available, at all. Am I wrong and an employer in this situation can do whatever works better for them?

Answer
Hello Adam,

I apologize for the delay.

Remember my response is intended to be educational and informational purposes only. I'm not an attorney nor is this response legal advice. Please review my specific disclaimer;

=> http://www.you-can-learn-basic-employee-rights.com/disclaimer.html

Your question:  
Exempt employee and forced PTO

"I am an exempt salaried health care provider. We were recently told that we will be forced to take PTO for any bigger gaps in schedule. I know that taking PTO can be forced when there is no work and employee is sent home but I never heard of forcing taking PTO for gaps (discretionary manager definition would be used) in work during a workday. Is that legal? I could also be sent home midday with PTO taken off while still having patients on my schedule in the evening that I normally see for treatment. They would be seen by an hourly employee. I thought that in a case of low census a salaried employee would have priority for work over an hourly one, if work is available, at all. Am I wrong and an employer in this situation can do whatever works better for them?"


My answer:

As far as I know...
It is legal for an employer to automatically deduct PTO accrued hours to supplement under-worked days, even for an exempt status employee, as exemption has nothing to do with time and everything to do with pay.

I hope that helps.

Please don't hesitate to ask for more info concerning your Basic Employee Rights!

Regards,
Yancey
http://www.You-Can-Learn-Basic-Employee-Rights.com
http://EmployeeRightsVideos.org
http://EmployeeRightsGuide.com  

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Yancey Thomas Jr

Expertise

General employee rights relating to ADAAA,FMLA,Employee Performance Reviews,Sexual Harassment,Workplace Discrimination,Job Interviews,Workplace Violence,Workplace Privacy,wrongful termination,drug tests Non Answers COBRA (Consolidated Omnibus Reconciliation Act),USERRA,OSHA,Workers' Compensation,Federal Unemployment Tax Act,Equal Pay Act,The Wagner Act,EEOC,NLRB

Experience

16 years as an employee rights educator, coach, trainer, activist and advocate. Several of my websites and blogs, www.You-Can-Learn-Basic-Employee-Rights.com, http://EmployeeWorkplaceRights.com and http://EmployeeRightsGuide.com rank highly in all four major search engines, Google, Yahoo, Bing and Ask for the keyword “basic employee rights”, “employee workplace rights” and “employee rights guide”. The websites also rank on the first page of the search engines for various other keywords related employee rights topics. These unique site receive 20,000+ unique (new) visitors monthly from all over the world.

Education/Credentials
Tennessee Supreme Court Rule 31 trained in mediator/neutral specializing in conflict resolution of general civil, business and employment issues. Also certified in mediation including the Alliance for education in dispute resolution and Cornell University.

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