How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
11 Employment Lawyers are Online Now

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 a Employment Law question
Type Your Employment Law Question Here...
characters left:
11 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21215
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21215
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18396
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8494
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3856
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)