Employment Law/PTO


QUESTION: I was recently laid off from my company in the state of Alabama due to cut backs. I have 96 hours of unpaid PTO. In the hand book there is no explanation of lay off pertaining to paying PTO upon lay off. In the past when other employees were laid off they were given their accrued PTO. Am I in-titled to my PTO to paid to me? Thank you.

ANSWER: Alabama workers are not legally entitled to vacation pay. Employer policies on this matter differ.  You should  be aware of current policies so that you can get any pay owed to you for vacation time. If an employer violates his written policy, the employee can sue him; otherwise, employees have no recourse in Alabama regarding vacation pay.

Since there are no legal rights to vacation pay (PTO time) you may have to sue to get it.


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QUESTION: If other employees were paid their PTO upon lay off and the company did not pay mine could that be considered discrimination against me? Thank You.

Yes if others were paid and you were not than it could be considered discrimination and it will be dealt with by the Department of Labor if you cannot get the company to pay it. You might call HR and say why were others layed off and paid their PTO and I am not?


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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