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Paid Time Off Questions

Paid time off- or what is also called PTO, is a feature offered by some employers to their employees as a resource for time away from work with pay. There are many benefits from having paid time off programs, but there can be issues as well. When an employee takes advantage of PTO or when an employer refuses to pay PTO to an employee, questions may arise and you may need answers fast. To learn more about paid time off policies and PTO laws, many people ask Employment Lawyers. The Experts answer a wide range of questions regarding paid time off laws. Below are five of the top questions answered by the Experts.

Can employers threaten not to pay for PTO days that a salaried exempt employee has available?

An employer can threaten not to pay for PTO days by placing some restrictions on the use of PTO. The employer is within its right to take away pay for a missed day of work, even if there is no PTO in place. Even if you are salaried exempt. Salaried exempt means that an employee can be paid for less than a full day’s work when the employee works less than a full day. If you don’t work an entire day, you don’t get paid for that day, and this is a federal law. However, if your employer has a PTO policy in place, there is no law that dictates that the employer has to take pay from the PTO. Basically, it is up to the employer as to how paid time off is handled. The employer isn’t required to offer paid time off to employees and can manipulate the policy like other fringe benefits such as vacation, sick leave and holiday pay.

Can an employer take away employee paid time off that was built up from the previous year, and make the employees take paid time off when he leaves the office?

An employer cannot take away paid time off that was earned from a previous year from employees who still work for the employer. In order to protect your interests, you and your co-workers should file a group complaint. Contact the Equal Employment Opportunity Commission and the Department of Labor Offices in your area and file the complaint and have the case opened. Depending on the details of the claim, one or both departments will open the case. If you and your co-workers win the case, you may be entitled to your back paid time off and other compensation. If the employer loses the case, they could be fined and cited.

Due to a clerical error, time was not documented and an employee wasn’t allowed to accrue PTO. Does the actual paid time off time already taken matter or is it the time when it was recorded that matters?

There are no laws that govern sick pay, vacation or paid time off (PTO), this is left up to the employer and the company policies. Usually, it is the time that is taken for pto, is the accurate measure of PTO. Because many company computers are not updated frequently, many companies use computer systems with a back up recording system. If you show Human Recourses the documentation that you have on when the PTO was taken, they will be able to correct the system to avoid future mistakes.

If a part-time employee quits a job, and the final paystub said the employee had 30 hours of PTO available, but was not paid, is this legal?

You would need to see what the policy/handbook says about PTO time. If the policy book says that PTO is only available to the full time employees, then there must be a clerical error on the paystub. However, if the policy book doesn’t state that pto time is for full time employees only, then you could file a wage complaint with the Department of Labor in your state.

What would be the best way to apply a PTO increase rate for employees?

The best way to apply a new PTO policy for PTO increase would be to use a leave increase cap. By applying the leave cap, the employee will reach a certain amount of increased leave (for example, let’s say 3 weeks total), the employee is not allowed to accumulate any more time. The employee will stay at three weeks of leave until they use some of the leave. After the employee has used some of the leave, they can start building pto time again at the rate in which the employer has set.

Paid time off programs usually offer employees added opportunities to receive pay while away from their job. Generally, the employee can add pto to their existing vacation time to extend the time off without losing pay. Not all situations are alike and the employer has full authority over how pto policies are mandated. Because of this, many employees look for answers about pto laws and paid time off policies. When you have tough legal questions, you can ask the Employment Law Experts. The Experts handle a wide range of questions related to paid time off and pto laws and can answer any of your questions in an efficient and knowledgeable manner.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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4 Employment Lawyers are Online Now

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Recent PTO Questions

  • Please help.I'm shocked and disgusted by this situation and

    Please help.
    I'm shocked and disgusted by this situation and I don't know what to do.
    I just found out that my ex manager lied on me telling my coworkers that I have invited him to dinner in order to sleep with him . This is so crazy ! I am simply lost for words!!!
    I started working at this restaurant about 4-5 month ago and right away I felt weird about my boss. He started invited me to go to have dinner multiple times and I always refused politely . One time he stoped me in the kitchen and told me that he couldn't stop thinking about me . I simply walked away and later after my shift was over I told him that his comment made me feel very uncomfortable and I hope it won't happen again. Which he agreed to.BUT... Sometime after that he again did something very odd . He pulled his phone Infront of me at the bar and started showing me all his pictures and believe it or not those were MY PICTURES !!!! He somehow got my pics from Facebook and saved them on his phone!!!! This is crazyyyyy! There are so many things that happened that I don't even know where to start and how to even right it all down.
    So a week ago he got transferred to another location of the same restaurant chain and I thought all this would be over . But literally couple of hourse ago one of my coworkers asked me a question to confirm if I liked our ex manager and If I really tried to have something romantic with him. And when I asked him why he would ever say something like that ,I was told that my ex manager spreads the rumors and the entire staff knows it already!!!
    How do I even handle this situation ? Do I simply confront my ex manager or I need to go to ER? Please help!!!
  • I have a question regarding my husbands salary job-he is a

    I have a question regarding my husbands salary job-he is a boat captain who takes out people daily on sightseeing and fishing trips. He makes 800 $ per week and works on average 50+ hours per week without any overtime pay. The other week he requested 2 days off and was under the impression it is paid time off but the 2 days were actually not paid. He was told that he can only have a paid day off if he promises to work that extra day in the next week above and beyond the very long days - sometimes a workday is 14 hours, no holidays of or any other benefits. He was on hourly before at that company and thinks about going back.
  • I have been terminated from an hourly position I held for over

    I have been terminated from an hourly position I held for over two years. The company still owes unpaid wages for hours I worked in that time. They offered me a severance package of 2 weeks' pay if I will sign a statement releasing all legal claims. Should I accept the offer or pursue legal action for unpaid wages and wrongful termination?
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