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I went on scheduled PTO for surgery. My manager didn’t

I went on scheduled...

I went on scheduled PTO for surgery. My manager didn’t approve the PTO and my paycheck was short the PTO. I still have not been compensated and it’s now 10 days past the payday.

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

Colorado

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

Full time exempt

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

I don’t believe so. Thank you

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Answered in 8 minutes by:
3/12/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and will have that to you shortly. If you are able to provide a copy of your company's PTO policy I may be able to provide a more thorough response.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Hi Wendy,I can try to get the policy for you. There were no problems with accrual or being due the pay. I believe that my boss forgot to approve the PTO. They cannot explain what happened (or won’t).
Thank you
Michael
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 114
Verified
Phone call session started

Thank you Michael; if you can get that and send it along I will take a look and let you know if it changes anything I am going to provide here. In general, employers are not required to provide for vacation, sick or PTO. That said, when an employer chooses to offer time off - in this case PTO - then you are owed that PTO as long as you follow any and all requirements to exercise it (e.g., whatever process to request, approval required, etc.). In this case it sounds like you put in the request but your supervisor forgot to do what was needed to get it properly approved. I would recommend you go to your HR department - or if there isn't one - to whomever handles personnel issues and request that your PTO be included in the next paycheck. Though it may not have gone through all the necessary approval channels, essentially getting lost on your boss' desk it sounds like, you took the planned leave under the impression it would use your accrued PTO. There may or may not be a legal claim to it if the policies of your company require formal approval before an employee may take time off and receive accrued PTO, there may be a claim that it is your responsibility to ensure approval prior to the leave. But in this case, as a business matter, it would make no sense for your employer not to simply realize this was a clerical error and pay you for the time. Especially with a company that utilizes PTO rather than designated sick and vacation time and particularly since this was for a medical reason, it would be in the company's interest to reduce your accrued PTO for the time by paying you for it. Hopefully you can find a way for that amount to appear in your next paycheck. I also see you requested a phone call and I am happy to do that but it hasn't fully come through on my end to allow us to connect. When it does, if you still have questions I am happy to speak with you.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Attorney Wendy, Lawyer
Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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