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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am an exempt employee with an intermittent leave of

Customer Question

I am an exempt employee with an intermittent leave of absence approved FMLA. The company's written policy states that accrued paid leave must be exhausted before using unpaid leave. The company policy also clearly states that in the absence of accrued paid time off, the employees time off for FMLA will be unpaid.
Now, despite expressed written policy, my employer is requiring me to use negative balance PTO for FMLA time off. For example, my last paycheck should have had 30 hours unpaid time off. However, after I approved my time card, payroll changed my time card to have all my accrued paid time off used and then paid me my full pay rate for the 30 hours which I did not have accrued time and then put my PRO balance as NEGATIVE 30 hours.
My supervisor has talked to HR about this, but HR says they can required me to take negative PTO.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The practice you describe does not violate any law. In fact it puts the employer at risk if the employee quits before they bring their PTO balance up above zero. So, if anything, this is a practice that actually benefits the employee. In either case, though, your HR department is correct, and there is nothing you can legally do to challenge what is happening. I am very sorry.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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