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I have 2 questions regarding PTO (personal time off). When a…

Customer Question
I have 2 questions...

I have 2 questions regarding PTO (personal time off). When a person leaves a place of employment, can employer not give unused PTO to employee? Also, if employee has to leave work early because of low census, doesn't employer have to give PTO if employee requests it?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, probably at will, no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 1 month ago.Category: Employment Law
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Answered in 3 minutes by:
1/5/2018
Employment Lawyer: Roy Hadavi,
 replied 1 month ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,128
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Under Ohio law, “vacation pay is not a gift or gratuity, but rather a deferred payment of an earned benefit and an employer can no more withhold the accrued vacation pay than, for example, it could hold the last pay check the employee earned but not received.” See Condron v. The City of Willoughby Hills, 2007-Ohio-5208 at ¶ 40.

Ohio case law carves out an exception to vacation pay upon termination of employment when an employer institutes a written policy limiting vacation pay. Employers may legally limit the benefits surrounding vacation time including instituting rules as to how vacation is accrued, requiring employees to work a certain amount of time before they are provided vacation time. Employers may also provide a forfeiture clause in the employment contract, stating that employees lose vacation pay at the end of employment if they are terminated for just cause or fail to provide sufficient notice upon termination. Employers may even state all vacation pay is forfeited once an employee ends employment for any reason.

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