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Human Resources/PTO True Up/True down

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Question
I read a question that was submitted regarding this policy.  I too work for a company that uses this practice.  Basically the true up and true down process is going by 80 hours or whatever the standard hours may be.  In a way it could be beneficial but also harmful.  It is good for if you do get your standard hours then it will true you up to them but the true down is a whole different monster.  If you work over 40 hours in a work week then you are compensated at time and a half but if you take PTO that next week then your PTO hours are put back into your bank.  With that being said your overtime for the week before is being sliced because you are making up for the PTO they have now taken away.  Can you please tell me if this is legal?

Answer
Vacation time is considered a fringe benefit and is up to the discretion of the employer.

Indiana law only requires that employers must pay employees for actual time worked. As a result, employers are not required to pay for sick days, personal days, or holidays.

If they do than they should follow their own policies they have put in place for their employees.

Shirley

Human Resources

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions pertaining to Compensation, Health Benefits, Retirement Plans, Payroll,Payroll taxes, Employee selection, Employee Termination, Training, and Employee Incentives. I have offices in U.S., Canada, UK, South Africa,Australia and NZ. I am most confident in the U.S. and Canadian but have knowledge of the internationals. I do not have extensive knowledge of South Africa, Australia and New Zealand. I do have some Human Resource Knowledge in those areas. Please do not ask me homework questions, I do not have time to answer them.

Experience

I currently hold both the U.S. and Canadian Payroll Certifications. I currently hold the SHRM PHR certification. I have worked in the Human Resources area with high emphasis on compensation and benefits for 25 years at the same company. My company is an international company and I work with our International offices whenever there is a Human Resource area needing addressed. I volunteer on the American Payroll Association hotline and have for the last 10 years or so. I answer many questions each week for other payroll and HR professionals, mostly on taxes, benefits and compensation issues. I have been the trustee for our 401K plan for Retirement benefits and our 125 Cafeteria Plan for Health Insurance benefits.

Organizations
SHRM, National APA, National DOLEA, State National Mentoring Network I.O.M.A. Advisory Board

Publications
I.O.M.A. BNA

Education/Credentials
Boise State University Human Resource Certificate Program PHR through SHRM CPP through American Payroll Association Payroll Administrator and Payroll Supervisor certification through Canadian Payroll Association Published writer of Payroll and Benefit articles in a payroll Publication 25 years experience in an International Company

Awards and Honors
Citation of Merit 8 years in a row for hotline service for A.P.A. Honor Award for child mentoring service through RSVP and National Mentoring A "Pat on the Back" award for outstanding leadership as a Youth Group Leader by "The Salvation Army." Runner up for Employee of the Year at my Company twice and Employee of the month 4 times.

Past/Present Clients
I used to answer questions on Ask.com when they had a similar quesition and answer section. I volunteer for APA hotline I also belong to several HR forums when I often answer questions

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