Employment Law/PTO'S

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Question
I get paid every two weeks. I earn PTO's and I work first week 33 hours and second week 34 hours. I take a day off in the first week and claim 8 PTO's for day off. Then I go in early the next day 3 hours early so now I can only collect 5 PTO's for that week. I dont take any time off the second week but I go in 3 hours early. Now they say I cant take 5 PTO's I can only take 2 PTO's. my question is how can they make me take off 3 PTO's on the second week when I didn't take time off on the second week. I only went into work early the second week.

Answer
The weeks should be each week separate. What they are doing is averaging the time over the two week time period.

Unfortunately PTO is not required to be given. Because it is not required the employer may say when it may or may not be used. So what they are doing is counting the 3 hours you went in early on the first week and the 3 hours you went in early on the second week then deducting those 6 hours from the 8 hours to only pay you 2 hours PTO.

It is not right for them to do it this way, but it is not illegal as they have the right to say when the PTO may or may not be used.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

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).

Experience

30 years in Payroll and Human Resources

Organizations
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

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

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