Legal Question in Employment Law in New Jersey

PTO time

My employer has announced a change where they may institute a furlough if needed. They imply that they don't have to pay you even if you have PTO time coming to you. Its hard to believe that if you have PTO time coming and opt to use it, during that time, that they wouldn't have to pay you. Is my assumption that they are wrong and would have to pay correct?


Asked on 3/26/09, 1:59 pm

1 Answer from Attorneys

Re: PTO time

No, an employer does not have to pay for personal time off, vacation/holiday days, or sick leave. These are benefits or perks provided at an employer's discretion and can be revoked or changed at their discretion. Unless you are employed under contract instead of at-will, then you can force your employer to compensate you for the changes. It is assumed that contract employees considered this to be an integral part of the employment contract.

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Answered on 3/26/09, 3:34 pm


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