Q: Can my employer force me (exempt employee) to use my PTO AND be on-call for that day.
We do rotating holiday on call shifts and every year, they just give us the day after thanksgiving off and we are forced to take PTO for both Thursday and Friday. But I have to be on call which means I have to respond to any issues within 20 minutes and I am stuck staying home next to my computer.
Is it legal for them to take PTO from me even though I'm still going to be working?
I am an exempt employee.
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- California
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- Answered
A:
In California, employers can generally require exempt employees to use their paid time off (PTO) for scheduled holidays. However, when you’re on-call and required to respond to work issues, the situation becomes more complex. If you must remain available and respond within a specific timeframe, this time is typically considered work hours.
Using PTO while you’re actively working or on-call may not be appropriate because it essentially counts as both work time and paid leave. Employers should not deduct PTO for time when you are still performing work-related duties, even if you are required to stay at home.
You may want to discuss this issue with your HR department to ensure that your PTO is being applied correctly. If the situation doesn’t improve, consulting with an employment attorney or the California Department of Industrial Relations could provide further guidance on your rights and possible actions you can take.
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