Pto Law In Massachusetts

[Biecaford]

Is it legal for an employer to offer PTO to only some of its employees but not to others?

[Coopersmith]

Nick - Yes, it is, depending on the reason for the distinction being made.  If it were, for example, based on age, gender, national origin, religion, or any of the other protected classifications, it would not be legal.  If it is on the basis of exempt status, location within the company, or other job-related reasons, it is legal.

Nowhere does the federal Fair Labor Standards Act(FLSA) address time off.  A very few cities and states have mandated a sick leave policy, although Massachusetts is not one of them.  Absent a legislative mandate, the choices of what to offer and what not to offer are entirely within the discretion of the employer.