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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33518
Experience:  More than 30 years in legal practice.
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I work in Minnesota and our company offers PTO (no vacation

Customer Question

I work in Minnesota and our company offers PTO (no vacation or sick leave). I want to go on vacation before years end, and have accumulated 40 hours of PTO. I eant tto use the 40 hours, however my employer has a policy that all employees MUST leave 16 hours PTO in their "banks". Therefore, I have to take 2 days inpaid. Is this legal? My friend who is going woth me only has the hours left, and can not take any paid days. THis seems very unfair to me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, at will non union
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Employment Law
Expert:  Loren replied 9 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 9 months ago.

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.

Expert:  Loren replied 9 months ago.

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.

Expert:  Loren replied 9 months ago.

Did you have further questions? Have I answered your question?