Employment Law Questions? Ask an Employment Lawyer.
Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Since there is no legal requirement to provide PTO, the employer is free to set it up and administer it as they see fit. The only proviso is that it can not be administered in a discriminatory manner and all similarly situated and eligible employees must be treated the same.
So, if the employer requires 16 banked hours then that is not illegal. However, if you leave, it is likely required that you be paid for banked time, you still have, in your final paycheck.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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