QUESTION
Can a business take your PTO if the business decides to close for holidays
Asked on Nov 28th, 2022 on Labor and Employment - New York
More details to this question:
Our company pays us for unused PTO at the end of the year, many people don’t take any days off to be able to get paid for these days. About 2 weeks ago we were informed that they will close the office for a week for the holidays, and that we would have to use our PTO for this. Leaving many people startled since they were expecting to get paid for this time they purposely did not use. Is this legal in NYC?
1 ANSWER
Provided the employer is front loading your minimum mandatory sick leave under NYC and State law as of January 1, this will likely be legal. If they're not going to replenish your minimum sick leave, they can't force you to use it.
Unless the employees have a contract or union collective bargaining agreement, I'm not aware of any law that forces a small employer to conduct business.
If the employer has at least 50 employees, the reduction in force laws (New York State Worker Adjustment and Retraining Notification or WARN Act) notices may apply to mass layoffs.
Answered on Nov 29th, 2022 at 5:50 AM
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