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My manager, George, insists I use PTO for any time off, even when I consistently work over 50 hours a week. I hold an exempt salaried position. Can I be forced to use PTO to cover half a day when I work over 40 hours that week without that time?

Example: I’m looking to take a half day for two appointments. Instead of letting me just flex out, George insists that I take PTO, even though I’ll be working over 40 hours in the week.

This was never a problem until this manager became my manager, and he’s new to the company.
Please help! I’m at my wit’s end.

First, the essential information here is that this wasn’t a problem with previous managers, and your new manager is new to the company. This tells me one crucial thing: This nickel-and-diming PTO isn’t a universal policy at your company.

Most managers don’t receive specific training in how to manage and administer things like exempt time off. Your manager may think that he has to dock your PTO. He may think he has no choice. So your first step is to talk directly with your manager. 

“Hey, George,” you say, “I wanted to talk about PTO. My previous boss, Jane, didn’t dock my PTO unless I was gone for a whole day. When I’m consistently working 50 hours a week, it doesn’t make much sense to charge me for four hours of PTO when I’ll put in 46 hours this week. Is this a new policy?”

George may have genuinely thought he had to do this. This can especially be the case if he has to provide coverage for you while you’re out of the office. (For instance, if you’re a dentist, someone else has to take your patients while you’re gone, or they have to cancel appointments.)

But he may have to, and your previous manager, Jane, might have been circumventing policy, because a policy that requires exempt employees to use PTO to cover partial days when they are working more than 40 hours anyway is dumb.

If George insists, you can escalate this. It’s well within the company’s rights to charge you for PTO when you’re gone, but it’s bad management in this case. If Jane still works for the company, start with her. She may be able to help you escalate this.

Why this is legal

Legal policy and good policy are not synonymous. Federal law says virtually nothing about paid time off. California, which has some of the strictest vacation laws in the country, also pretty much leaves it up to the employer. The significant rule is that vacation in California is considered earned income, so if you have accrued PTO when you quit, the company has to pay you out.

California also requires paid sick time. If your appointments fall under sick time, they can be counted as such, but your boss can still legally deduct them.

The biggest requirement for exempt employees is that you don’t dock their pay when they are out for less than a day. (And you can only dock pay for full-day absences in some circumstances, like the employee has used all their sick time and other PTO.) But you can dock their PTO or sick time. As long as their paychecks remain the same, it’s up to company policy.

Now, if you used all your PTO and took a half-day off for a hair appointment, your company still couldn’t dock your pay. They could fire you, but first they’d have to pay you your full salary. 

Is this something you can live with?

If your manager holds firm and escalating the issue doesn’t resolve it, then you have to decide whether this is a hill worth dying on. 

If it’s not, you can suffer through. And of course, you can always quit! But finding a new job isn’t the easiest thing right now, so that may not be what you want to do.

You should stop and think whether your 50-hour work weeks are worth it. Is this a job requirement? Is everyone doing this? Some company cultures are like this, and some industries certainly expect it. But if you’re working more than other people, it may be time to step back — especially on weeks when your boss docks your PTO.

You can explain to your boss that you won’t give him any flexibility since he gives you no flexibility. Yes, there is a risk associated with this, but your excess work makes him look good. He may value that more than being a stickler for PTO.

Your excess work may also lead to burnout. 

Some people thrive on long hours and feel like it’s worth it for their career. That may be you, and that’s great! But it may be time to match your manager’s energy if it’s not. If he’s going to dock our PTO, then by golly, don’t make up the time. 

But overall, a discussion and escalation will likely fix this problem — at least, I hope so!

Have a dilemma for the Evil HR Lady? Send questions to evilhrlady@gmail.com.

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