Forced To Use A PTO Day For Weather

I called off work because we got a lot of ice overnight and the supervisor told me a new IL law went into effect Monday. I have to either come in and make a attempt to work, I could then say I don't feel safe running. Or they will take a PTO day from me.

I've had 5 days off because of weather last 3 weeks, so I would have used a third of my vacation time for weather.

My driveway, and local streets are all ice, my dad said some people called him and told him I-80 is a mess. So I told them to take a PTO day, I'm not coming in just to hook up and say it isn't safe.

I'm not one to complain but this feels pretty close to violating FMCSA rules on coercion.

Hey Bobcat,

I plugged the entire law and your statement into AI to see what it could come up with to help. Here is what it said:

Based on the provided information, it's difficult to definitively say whether the employer's actions are illegal under the new Illinois Paid Leave for All Workers Act (PLAW) or federal FMCSA rules on coercion. However, there are some red flags that warrant further investigation:

Potential violations of the PLAW:

Denying paid leave for unsafe working conditions: If the truck driver reasonably believed the roads were unsafe due to ice, the employer demanding they attempt to work before using paid leave could be seen as a violation of PLAW Section 15(e), which allows employees to take paid leave for any reason without requiring documentation or proof. Coercion to use PTO instead of PLAW: Demanding the driver use PTO instead of PLAW if they decide not to work due to unsafe conditions could be considered coercion, as it discourages them from exercising their rights under the PLAW. Potential violations of FMCSA rules on coercion:

Pressuring driver to operate in unsafe conditions: Forcing the driver to attempt to work on icy roads could violate FMCSA regulations prohibiting coercion of drivers into operating vehicles in unsafe conditions. Retaliation for refusing to work in unsafe conditions: Threatening to take PTO from the driver for refusing to work due to safety concerns could be considered retaliation, which is also prohibited by FMCSA rules. Recommendations for the truck driver:

Document everything: Keep records of all communication with the employer, including dates, times, and the content of conversations. This could be helpful if they choose to file a complaint. Contact the Illinois Department of Labor: The Department is responsible for administering and enforcing the PLAW. They can provide guidance and potentially investigate the employer's actions. Contact the FMCSA: The FMCSA website provides information on how to file a complaint about driver coercion or unsafe working conditions. Disclaimer: I am not a lawyer and this information is not legal advice. It is recommended that the truck driver consult with an attorney specializing in employment law or transportation law for specific guidance on their situation.

It's important to note that the PLAW is new and there is currently limited legal precedent surrounding its interpretation. While the actions of the employer may raise concerns, further investigation and possible legal consultation are necessary to determine if any definite violations have occurred.

Obviously, these issues are touchy because you don't want your employer taking advantage of you, but at the same time, you don't want to create a big mess over this if it turns out that what they're doing is ok. You only want what is fair and legal. So this is one of those situations where a professional conversation needs to take place between the drivers and management to figure out how to handle all this.

I don't have any advice other than that. It's one of those situations you just have to work through. You're a smart guy with a level head who has been around for a long time, so I know you handle yourself well. I would attempt to talk it out with management and see what comes out of it.

Forcing someone to drive to work when conditions are unsafe for driving, just to make them turn around and drive home again in unsafe conditions, is something management will have a difficult time explaining. I'd be curious to know what they say.

Thanks, that was the way I interpreting the law as well.

I texted my boss and he said the law into effect at the start of the year, but they didn't start enforcing it until yesterday because they had to wait for clarification from corporate.

He said anytime we call off, even for weather we have to use a PTO day.

He said anytime we call off, even for weather we have to use a PTO day.

Interesting. That does seem to conflict directly with the new law, which states the employee does not need a reason to justify the paid day off.

Yeah none of it makes sense, a lot of drivers are obviously upset. We will see what happens, I want to get a few more drivers involved before going up the chain of command. There was no warning, in fact it sounds like I was the only driver they told so far.

I am not sure how FMCSA will feel about trying to make drivers work or forcing them to use vacation.

The New Penn terminal I worked at did things that way. If a driver had an unexcused absence and they still had PTO they were forced to use it… and that was a teamster loc.

Yeah none of it makes sense, a lot of drivers are obviously upset. We will see what happens, I want to get a few more drivers involved before going up the chain of command. There was no warning, in fact it sounds like I was the only driver they told so far.

I am not sure how FMCSA will feel about trying to make drivers work or forcing them to use vacation.

Seems to be the new trend. Rob went through it not too long ago, I had an issue with dispatch last week and now you're experiencing it. Being forced to use PTO is a new low though. I've never been forced to use PTO at any job I've ever had.

I'd definitely start a conversation with safety over this via email.

Illinois definitely makes being a truck driver a tedious job. First the having to retest, then the forced break and now this.

So had you shown up just to deem it not safe to drive would you have been compensated for that? Or would you have had to do that just to not burn a pto day?

It's really unfortunate that your company is choosing to adopt such a combative stance. I'm wondering if this mindset by corporations is a local phenomenon or if it's going to make its way to OTR as well.

My hunch is that because the freight market has been in such bad shape, that companies have begun increasingly being bad actors in order to save money but as with any crisis, long after it ends, they incorporate the bad actions as part of their standard operating policies. They have one guiding narrative, to generate as much profit as possible.

Hopefully you can rally other drivers and push back against this. It sucks that you have to, but it's sounding like it may come to that.

Back when I worked as a Nissan Forklift field service tech in 2006-2008, down in Ontario, Cal. There were days during winter, if the I-15s Cajon Pass had bad weather (snow etc)

IF I drove down the hill to work, and they had none for me that day, I was sent home. They'd pay me 4 hours pay ($80) for just showing up (company service van and diesel fuel) Only did this 3 or 4 times

@ Other times, I just called into our service dispatch desk, and asked if I had any work for the day, and save that hour+ driving back and forth. Normally, I would be set up with work orders for the week. Only had to go into the shop to restock parts, and drain my waste oil tanks, turn in my completed work orders