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If any employee didn’t formally request Pto but the employer…

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If any employee didn’t formally...
If any employee didn’t formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have to accept that used pto even tho the employer is telling them not to come in. Hence not paying the employee the earned pto at time of dismissal?
Submitted: 3 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/20/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,366
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Under these circumstances it really makes little practical difference whether the PTO time is used during the week off or paid at the time of the dismissal as either way the employee with being compensated for the full value of the PTO by the end of the week. That said, an employer is free to require an employee to use PTO to cover time off. This is permitted because the law does not require employers to offer any PTO at all. Since that is the case, the law affords employers tremendous discretion with regard to how and when that time is used.

I hope this answers your question. If there is anything else I can do for you, just let me know. It's my pleasure...

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Customer reply replied 3 months ago
Can’t the employee refuse the pto making it so they have to pay out the pto and not prolong the situation?
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

The employee could quit. In that case, the PTO would become due within 72 hours of the employee providing notice of their resignation. Alternatively, since any unused PTO has to be paid out immediately upon termination, the employee could argue that by putting the employee on a week-long leave followed by termination, that for all intents and purposes the employee is being fired immediately, since the practical effect is to immediately cut off any further employment. That being the case, the employee could argue that they are entitled to immediate payment since the "termination" is occurring immediately.

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