Can an employer require use of accrued PTO

[Machbannai]

Jurisdiction

New Hampshire

My employer requires an employee to utilize accrued PTO benefits if that employee is not available for work certain days of the week.

The issue:

I'm a CDL driver required to take an annual DOT physical. I failed the physical due to high blood pressure which required a process of going to my doctor, getting medication, getting blood pressure under control and retaking the physical exam. All total this took one week.

Prior to the physical I was scheduled for one day of work in the week I took the physical due to summer slow down. I had planned for and requested PTO be used for a specific period of time in the future.

My employer utilized 24 hours of PTO in the week in which I took the physical due to my inability to be available for work the day after the physical, my one scheduled day that week. The employer then utilized an additional 32 hours of accrued PTO the following week while I was going to the doctor, getting medication, and retaking the physical. No use of accrued PTO was requested or authorized by me for these periods of time as I was saving this income for use during my planned vacation.

Corporate headquarters in Vermont. My residence and terminal is in New Hampshire.

 

[cbg]

There is no Federal law regarding the use of PTO with limited exceptions regarding sick time. The Feds have made it clear that any use of non-work time is a matter between the employer and the employee and is of no concern to them.

The last time I looked, and Tax or Z can correct me if I'm wrong, the only state that cared at all about the use of PTO was California, and California didn't care very much. Unless the law has changed in the last year or so, use of PTO is at the employer's opt, not the employee's.

 

[Zigner]

Use your favorite search engine with the following prompt:

can an employer in New Hampshire requires the use of pto for time off?

You will get many results. Here is one of them: New Hampshire Leave Laws And Holidays 2026 - Day Off

You are looking for New Hampshire laws because that is where your employment is located (the terminal).