Expert: Shirley McAllister, CPP, PHR - 2/24/2011

Question
Our company is supposed to post our PTO accruals on the 15th and the last day of the month.  We don't get our accruals actually posted sometimes until 7-10 days later. We have also been told we cannot go into the negative with our PTO.  It has happened on many occasions that employees need to take time off but are denied because they will go into the negative.  When in fact they do have the hours available but according to our electronic timesheet the hours are not posted. Therefore cannot take the time off requested.

Answer
PTO is a fringe benefit given to you by the company. It is not mandatory that they give it. Because it is a given by the company the company has the right to say when it may or may not be used. The payroll rules do not govern PTO time in any Federal Rules and only a few states have rules. Most of the states say that the PTO is a fringe benefit and goes by the policy of the company and that the company can say when it may or may not be used.

Shirley