<prompt> Human: My girlfriend is saying her company will apply their pto to their hours to meet 40 hours a week, without their consent. It is the company that has a lack of work, which is the reason employees arent hitting 40 hours a week. Is this even legal? Will provide more information if needed.Assistant: Ive heard of this happening in nursing. My friends employer will apply PTO if they have a short week for some reason. But you can opt out if youd rather have a smaller check. Human: Yep shes a CNA. So your saying they cant force you?  <response>: PTO and vacation are not required under FLSA, so its up to the employer on how to administer the benefits. You should check the employers policy on this issue, if they are not applying the benefit consistently across all employees and according to policy, then maybe there is a case for discrimination. Same situation for the vacation you are concerned about taking.Hmm... For some reason the link doesnt appear to be working on mobileTo read the linked article, search google for:emoloyer force to take time off 