Ask HR: Can PTO allowance vary by position?


Dear HR: Can I offer different Paid Time Off (PTO) policies to employees based on their position? I would like to offer PTO for full -time staff, but keep our temporary staff on accrued sick time only. Is that allowed under labor laws?

A. In Oregon, employers are not required to provide employees with vacation benefits, either paid or unpaid. So yes, you can offer different PTO policies to different employees, as long as the reasons for the different policies aren’t due to discriminatory practices. There are no federal laws requiring plans to provide the same benefit coverage to all employees either. However, some states have laws on certain benefits, such as paid sick leave, that apply to all of an employer’s employees regardless of status. Legitimate reasons for offering more PTO or different amounts of PTO for certain employees include: when certain employees have more tenure than others you can offer more vacation or PTO to them, as well as offering more PTO to more senior employees. As for full-time vs. part-time employees some companies might offer different amounts of PTO for full or part-time employees. For example, a company might offer 14 days for full-time employees and 10 days per year for their part-time employees. Keep in mind that each state may set limitations or not allow certain policies.

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