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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: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
4 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.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent PTO Questions

  • i was terminated from my job, and my union and i feel my case

    i was terminated from my job, and my union and i feel my case is a solid one, however, if my appeal does not go well (do not get job back) what are my options? can I get outside help\lawyer to continue to get my job back?
  • My son-in-law had several interviews at a local bank. He was

    My son-in-law had several interviews at a local bank. He was called back by the person under the CEO and was offered a job and was told to put in his notice and hopefully they would let him leave immediately so he could start earlier then 2 weeks which was his notice. Present during this conversation was the local branch manager. His notice was was done on Monday and on tuesday late afternoon via voice mail he was told that it was decided to wait before hiring anymore people because on branch was over staffed. He has not returned any calls or messages that were left. My son-in-law call the CEO directly and was told he knew NOTHING about this and this is not how they do business. Days go by and my son -in-law called Gary again and was told Ken said he didn't offer him the job. He was told to contact the branch manager where he was going to work since he was involved. Now no one will answer his calls. What can be done? He can contact board members but this behavior is totally unacceptable and has caused great stress to a single father who will have no job, insurance all at Christmas time. I understand nothing was in writing but a verbal offer was clearly made.
  • I am a medical technologist and I saw where my step son had

    I am a medical technologist and I saw where my step son had been in the er I clicked on his file and it was linked to his mothers records. The hospital had just put in a new computer system and I really didn't know what I was doing. This happened several months ago, but today I got called in the boss's office they said an audit had been done and they know I read the files. I am to turn in a written statement explaining why I read the file and will have another meeting next week. I'm so scared can anybody advise me?
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