Can a manager prevent the use of a personal day?
Find answers to your legal question.
Can a manager prevent the use of a personal day?
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Where I work, personal days are just that - personal; however, this is in a data center and things are run like an office. My friend works for a clothing retail store and this is, obviously, their busy season. She was recently informed that she has a personal day remaining; however, when she asked about using it, the manager said that she could not citing that they were "busy" this time of year.
My question is - does he have the right to do so? Would this fall under company policy or Illinois law?
As always, the most-complete (preferably referenced) answer takes the points.
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Terence F
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There is no state law or statute directly pertaining to "personal days". The US Department of Labor statute for paid time off (PTO) reads that PTO schedules are subject to company policy and management approval except in cases of illness, family emergency, or evidence of a pattern to deprive the employee of the benefit. In other words, you have to get the manager's approval to take time off, unless:
1) You are sick (FMLA regs)
2) You have a family emergency (illness, injury, death, etc.) (FMLA regs)
3) The company is trying to avoid giving you time off that you would be entitled to (like never getting to take your vacation and losing it) (Fair Labor Practices regs). |
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michr
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Terence F is correct for the most part.........
PTO is a matter of policy and how and when it is used is determined by the employer.
however sickness (short-term cold and flue type) is generally not covered by FMLA |
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Judy
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Yes, the manager can restrict when paid time off can be taken. There is no federal or IL law even requiring that the company GIVES you any personal days - if they do, they can make the rules. |
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whoknewthecolorcouldbeblue
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If they give you personal days that you can use when you please, then all you need to do is follow their policy and call out before your shift. Otherwise, you have to schedule the personal day. If they are busy and cannot allow you to take the day, you have to wait until their schedule allows it. You work for them, they don't work for you. You cannot do what you want. The business needs come first. |
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