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Fair PTO Policy

RedbudptRedbudpt 55 Posts
in HR & Employment Law Vote Up0Vote Down

Our current PTO policy allows employees who are  Full-Time Exempt,  Full-Time Regular (hourly), and Part Time Professional (Exempt-Clinical Staff) to accrue PTO.  This however leaves out one group of employees and that is Part-Time Regular (hourly). I know that the FLSA does not regulate PTO since it is an optional benefit but do any of you see a legal problem with not offering this group of employees PTO (besides the obvious inconvenience and morale issues).

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  • 4 Comments sorted by Votes Date Added
  • 46121554612155 31 Posts
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    We use the accrual PTO system as well and it is only available to full time eligible employees. It is part of our company policy and is included in all offers of employment made. We do not offer PTO to part time or seasonal employees. It is a full time benefit only per our policy.
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  • RedbudptRedbudpt 55 Posts
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    Thank you for the response.  My question is: Doees anyone see any legal issues with leaving one group out of the PTO policy without giving specifications on hours worked per pay period etc.?  For example a part time professional employee (exempt clinical person such as an occupational therapist) who works 24 hours per week (48 per pay period) would accrue PTO but a part time regular employe (hourly person) who works these hours would not receive PTO benefits. The differences in the two groups are job title/duties and pay status (hourly & exempt).
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  • NYGiantsNYGiants 93 Posts
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    I think you should consider whether the PTO policy adversly impacts a legally protected group. For example, are most of your part-time regular employees women, a racial minority, over 40, etc.? Are most of your part-time professionals white, males?
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="NYGiants"]I think you should consider whether the PTO policy adversly impacts a legally protected group. For example, are most of your part-time regular employees women, a racial minority, over 40, etc.? Are most of your part-time professionals white, males?[/quote]

    This is the only type of problem you might have. In general, you can dice up volunary non-ERISA benefits any way you like. Just be careful that the way that you like doesn't happen to exclude a group of people on the basis of a protected characteristic (e.g., race or sex, which includes being caucasian or being male).
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