Help Wanted: Paid time off with caveat

The following week, managers were called to see which employees attended the service. I found out this was done so that only those who attended the service got the paid day off.

Those who didn't attend had to use a discretionary or vacation day in order to get paid. And those employees that were either sick or on vacation or other otherwise unable to go to the service were ineligible for the paid day off.

I attended the service, but when I found that other employees were not paid for the time off, I thought the company might have made a boo-boo. I know that a company doesn't have to provide paid time off, but I remember once hearing that if some full-time or part-time employees got a paid day off, then all full-time and part-time employees were entitled to the same. Am I right? -- PTO Discrimination?

"As long as there is no discrimination on the basis of some protected category [for example, race, age, sex, national origin, religion, disability, sexual orientation], there is no rule that requires some employees to receive a paid day off just because certain other employees have received a paid day off," said employment attorney Richard Kass, a partner at Bond, Schoeneck & King in Manhattan.

Bear in mind neither federal nor state labor laws require employers to give employees paid time off, unless the companies promise to do so.

"There is a rule that an employer must keep any promises it chooses to make with regard to paid time off," Kass said. "Therefore, if the email stated that employees would get a paid day off, and there was no mention that attendance at the memorial service was required, then the employer must keep that promise."

And your many questions about pay issues after superstorm Sandy helped to illuminate what employers were required -- or not required -- to do.

Thanks to all, and I look forward to more intriguing questions in the New Year.

For more on state law and paid-time off, go to http://bit.ly/AkPTqT and http://bit.ly/ZbIoCu.