Melvindale, MI asked in Employment Law for Michigan

Q: Can my employer require me to use my PTO if I want to get paid when they decide to close shop?

I have two scenarios: 1) I work for an orthodontist office and sometimes they have conferences or go on vacation so we won’t have a doctor. The practice director or doctor will decide the practice will be closed. Sometimes all of us get the day off but other times just some of us and we aren’t paid.

2) The company will close around holidays, ex closed the Friday and Monday before July 4th but we don’t get paid for those days. So here’s my question: Because I was hired as a full time employee and this wasn’t disclosed to me prior to accepting the position, can the company require me to use my PTO if I want to get paid for those days?

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1 Lawyer Answer
Michael Zamzow
Michael Zamzow
  • Grand Rapids, MI
  • Licensed in Michigan

A: Maybe. But, it depends largely on whether or not you have a written contract with fixed employment terms within it.

It can be a little complicated (for the employer) when it comes to eligibility for health insurance, UIA, or other things, but generally, at will employees serve at the will of the employer. That might mean, even if it wasn't disclosed to you, your employer can choose when you work.

You might consider talking with an employment attorney to get a consultation or legal advice, which this -- is not -- legal advice.

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