If an employee works four (4) days for 38 hours, can an employer pay only two (2) hours PTO time for the fifth day? Thank you.
State/Country relating to question: Pennsylvania
I don't know where to look. The company will only pay for forty (40) hours; they don't want employees "make money".
Hello and thank you for allowing me the opportunity to assist you.Is there any way that you can clarify your question? I'm a little unclear what you're asking. Are you saying that the employer forces the employee to take PTO for the unworked 2 hours so that the employer pays for 40 hours?
An employee works for 38 hours in four days and wants to take, say Friday off as a PTO day, the company will only pay for 2 hours, not for 8 hours. The company will only pay for a total of 40 hours - between working hours and PTO time.
Hi again. Thank you for the clarification.I'm sorry to say that what you describe is lawful. The employer is allowed to have restrictions on when PTO can be used. Accordingly, the employer can adopt a policy whereby PTO cannot be used to pay an employee beyond 40 hours per week. If that's not the answer that you were hoping for, then I am truly sorry, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If your concerns were not satisfactorily addressed, then feel free to let me know, as I will be happy to clarify my answer. In the meantime, please remember to give me positive feedback so that I will receive credit for my time (doing so does not end our discussion).Thank you and good luck!
Licensed to Practice Law
I'm still on the above sitution. It only mentions in the employee handbook, that you only can take 4 or 8 hours increments. Shouldn't they mention it in their handbook about only paying for a TOTAL of 40 hours?
Hi again.No, they do not have to state that they will only pay for a total of 40 hours in their handbook. Whatever the handbook states must be followed, but not every policy needs to be in the handbook.
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