Allowing unpaid leave when PTO is still available

Q         Our company has a paid time off (PTO) policy entitling employees to paid vacation and sick leave. When they request time off, can they choose to use unpaid leave instead if they still have a PTO balance?

A   In Mississippi, the answer will depend entirely on your PTO policy’s language. If the policy doesn’t provide employees with the choice of using unpaid leave instead or otherwise limit your ability to require them to use paid leave first, you may deny the request and require all PTO leave to be exhausted before unpaid leave is taken. Absent any limitation in the PTO policy, however, you may allow them to do so.

If your PTO policy doesn’t address the issue at all, then you may allow or disallow the practice at your discretion but should do so consistently to avoid allegations of disparate treatment.

Martin J. Regimbal, a shareholder of The Kullman Firm in Columbus, Mississippi, can be reached at 662-244-8825 or mjr@kullmanlaw.com.