LEGAL TOOLS By Brooke Duncan


Brooke Duncan is one of the nation’s leading labor attorneys.


How Do I Handle PTO with Reservists?


QUESTION: We have an employee who is in the army reserve. We fully support our armed forces but want to be able to operate our business properly in his absence and upon his return.


DISCLAIMER This response is intended for gen- eral informational purposes only and should not be con- strued as legal advice or a legal opinion, nor is this column a sub- stitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504- 585-0220 or by email at brooke.duncan@ arlaw.com.


Our company vacation policy is one week vacation for employees who have been with the Company for one year and two weeks’ vacation after 5 years of service. The employee mentioned above just hit his fi ve-year mark with the Company. The Company has set a precedent for allowing employees to “sell” vacation days back to the Company if they do not use them.


The wife of the above-mentioned employee just called to ask for pay for both the two weeks of vacation and holidays - both of which were not used by the employee as he is on active duty. Are we required to pay these requested amounts?


ANSWER: Reservists enjoy a wide array of benefi ts—the basic principle is that they must be treated at least as favorably as others on leave. In this case, since the company has a practice of paying employees for unused vacation, then the reservist should be paid as well. But unless the company regularly pays those on other types of leave for holidays, the reservist need not be paid for the holidays he has missed.


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SEPTEMBER/OCTOBER 2023


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