Can we give employees different amounts of vacation or PTO time?

Jenny, SPHR, SHRM-SCPAnswer from Jenny, SPHR, SHRM-SCP:

If the differing amounts of vacation or PTO are based on a clearly-defined employee groupings, such as seniority, department, or exempt versus non-exempt status, then yes. It’s a common practice, for example, for employers to offer more vacation time to employees who have been with the organization for longer.

Where you can run into trouble is offering different amounts of vacation on an individual basis or without clearly-defined criteria, either of which can lead to discrimination claims. For instance, if Rafik and Anita are hired at the same time for similar jobs in the accounting department at the same rate of pay, but the organization offers Rafik more vacation, Anita could potentially bring a claim under federal or state discrimination or pay equity laws.

Over her 20 years of experience, Jenny has specialized in helping small to mid-sized businesses across a variety of industries reduce their risks and manage employee relationship issues. Jenny holds a Bachelors of Business Administration (BBA) degree in Human Resources Management from the University of Georgia and a Masters of Business Administration (MBA) degree with a concentration in Human Resources Management from Georgia State University.

Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Legal Disclaimer: The HR Support Center is not engaged in the practice of law. The content in this article should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The HR Support Center cannot be held legally accountable for actions related to its receipt.