In crafting a PTO policy, what restrictions are there as far as blackout dates or dictating how much time can be taken in designated intervals?
Quick Answer
PTO blackout dates and similar restrictions are legal as long as they are applied evenly and do not conflict with an applicable collective bargaining agreement or any federal, state or local law.
Legal Perspective
Tucker Arensberg
Pittsburgh, Pennsylvania
Generally, employers can put reasonable restrictions on the use of vacation time to coincide with business needs, says employment law attorney Scott Leah of the firm Tucker Arensberg, P.C.
For example, if your company has a busy season and needs all hands on deck, you can restrict employees from taking vacation during that period of time. So if summers are slow, you could require employees to use vacation between April and September. However, you can’t make the restrictions so severe the time is almost impossible to use.
Relevant Case Law
Baca v. State of New Mexico
Gibbs v. Brown Univ.
HR Insight
The HR Solution
Weatherford, Texas
While PTO can certainly be crafted as subject to the needs of the business, it usually incorporates the old “vacation” and “sick” time; therefore, it includes some unplanned absences, which cannot be scheduled in advance, HR Consultant Ruth Bassham explains.
Blackout dates could prove difficult to regulate unless there are separate provisions for pre-scheduled and unscheduled absences, Bassham points out. Limiting the time allowed at once or in designated intervals is very specific to the environment, including business needs and the occurrence of policy abuse in the population.
Cochlear
Lone Tree, Colorado
It depends on the industry, says Haley Burrow, Manager, Talent Acquisitions. For example, in the retail industry, the day after Thanksgiving would likely be considered a “blackout date.” Every employee is needed on that day. In some companies, blackout dates are only needed if there is a major project or a new system implementation that will require an all-hands-on-deck approach.
Control Air
Merrimack, New Hampshire
First, the business model — e.g., retail vs. manufacturing — must be taken into consideration, according to HR Manager Alice Parker.
Since I work in manufacturing that is what I will comment on, she says. In my experience, we do not blackout any specific dates; instead, we allow managers to control their employees’ PTO schedules to ensure proper coverage. Our policy states that no more than three consecutive weeks of PTO can be taken.
Key Takeaways
- Meet with managers and other stakeholders to determine what specific blackout periods are appropriate.
- Make sure blackout rules are clearly stated in writing and are communicated clearly to all affected employees.
- In the written communication, clearly state the reason for the blackout dates.
- Apply the blackout rules evenly to all similarly situated employees.
- Federal laws, including the Family and Medical Leave Act and the Americans with Disabilities Act, may require employers to grant requests for time off during blackout periods for reasons relating to the birth, adoption or foster care placement of a child; a serious health condition of an employee or immediate family member; or a disability of an employee.
- An applicable collective bargaining agreement may affect the ability of employers to set blackout periods.
- As a best practice, try to accommodate requests for exceptions in extreme circumstances, such as those involving bereavement.
- Some state laws require employers to provide paid sick leave to employees.