Human Resources/paid PTO

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Question
I recently retired from a large non profit hospital system in N.Y.
I was required to give two months notice which I did and it was explained to me by HR that I would be paid up to 150 hours of PTO. It is earned time I had to complete the hours before it was accrued in my bank.
The number of PTO hours are not in dispute but the hospital to date, has not paid me the time and it is already 6 weeks since my retirement.
IS there a time frame in which they must pay a former employee their promised time? Today I called again to HR for an update, and now I am being told it could take 12 weeks or more from my last date of work which was Sept. 4th.

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Answer
This material is for informational purposes only and not for the purpose of providing legal advice. You should always contact your attorney to determine if this information, and your interpretation of it, is appropriate to your particular situation


Purpose
[Company Name] believes that employees should have opportunities to enjoy time away from work to help balance their lives. [Company Name] recognizes that employees have diverse needs for time off from work. [Company Name] has established this paid time off (PTO) policy to meet those needs. The benefits of PTO are that it promotes a flexible approach to time off. Employees are accountable and responsible for managing their own PTO hours to allow for adequate reserves if there is a need to cover vacation, illness or disability, appointments, emergencies, or other situations that require time off from work.
Eligibility
PTO is accrued upon hire or transfer into a benefits-eligible position. Eligible employees must be scheduled to work at least 20 hours per week on a regular basis. Employees working less than 20 hours per week on a regular basis, on-call and temporary employees are not eligible to accrue PTO.
Procedures
Availability
PTO accruals are available for use in the pay period following completion of 30 days of employment. All hours thereafter are available for use in the pay period following the pay period in which they are accrued.
Accrual and Payment of PTO
Accruals are based upon paid hours up to 2,080 hours per year, excluding overtime. Employees working less than 40 hours per week and at least 20 hours per week will earn PTO hours on a prorated basis, according to the accrual rate per hour (see table below). Length of service determines the rate at which the employee will accrue PTO. PTO does not accrue on unpaid leaves of absence or PTO cash outs upon termination. Employees become eligible for the higher accrual rate on the first day of the pay period in which the employee’s anniversary date falls.

Years of Service
Accrual Rate per Hour
Annual PTO Accrual*
Maximum Accrual**
Less than one year
.06538
17 days
(136 hours)
25.5 days
(204 hours)
1-3 years
.08462
22 days
(176 hours)
33 days
(264 hours)
4-10 years
.10385
27 days
(216 hours)
40.5 days
(324 hours)
10 or more years
.12307
32 days
(256 hours)
48 days
(384 hours)


*Annual PTO Accruals are based on an employee having 2,080 paid hours per year (40 hours per week).
**No PTO hours will accrue beyond the maximum accruals listed.
Use and Scheduling of PTO
Employees are required to use available PTO when taking time off from work with the exception of a company-required absence due to low workload or absences occasioned by the company. PTO may be taken in increments of as low as one hour. However, PTO may not be used for missed time because an employee reports late to work, except during inclement weather.

Whenever possible, PTO must be scheduled in advance. PTO is subject to supervisory approval, department staffing needs and established departmental procedures. Unscheduled absences will be monitored. An employee will be counseled when the frequency of unscheduled absences adversely affects the operations of the department. The supervisor may request that the employee provide a statement from a health care provider concerning the justification for an unscheduled absence.

When PTO is used, an employee is required to request payment of PTO hours according to his or her regularly scheduled workday. For example, if an employee works a six-hour day, he or she would request six hours of PTO when taking that day off. PTO is paid at the employee’s straight time rate. PTO is not part of any overtime calculation.

Employees may not borrow against their PTO banks; therefore, no advance leave will be granted.
Payment Upon Termination
In accordance with [name of state] law, after [number of days] of employment, an employee will be paid upon resignation, separation or retirement for all PTO hours accumulated but not used. Employees whose positions are eliminated through a reduction in force or reorganization or are whose hours drop below 20 hours per week are paid PTO on the effective date of the termination.
Cash Out
After one year of service, employees are eligible to cash out their leave. Leave balances in excess of 40 hours may be cashed out. For leave cash out, eligible employees are required to indicate the cash out amount on their time sheet. The benefit will be paid in the next regular pay cycle.





This material is for informational purposes only and not for the purpose of providing legal advice. You should always contact your attorney to determine if this information, and your interpretation of it, is appropriate to your particular situation.

 PAID TIME OFF POLICY © www.employeradvisorsnetwork.com - 1 - Paid Time Off (PTO) provides you with the flexibility to use your time off to meet your personal needs, while recognizing your individual responsibility to manage your paid time off. You will accumulate a specified amount of PTO each pay period worked and it is up to you to allocate how you will use it – for vacation, illness, caring for children, school activities, medical/dental appointments, leave, personal business or emergencies. The company may require you o use any unpaid PTO during disability or family medical leave, or any other leave of absence. The amount of PTO earned will depend on your length of your service with the Company. [PTO does not replace the Company’s holiday schedule. We will continue to have designated paid holidays each year.] ELIGIBILITY: You are eligible to receive PTO if you are a regular status employee scheduled to work at least ______ hours per week. [Part-time employees working more than ______ hours per week accrue PTO on a prorated basis, depending on the number of hours worked.] DEPOSITS INTO YOUR LEAVE ACCOUNT: The amount of PTO you accrue each year is based on your length of service and accrues according to the Accrual Schedule for full time employees chart below. PTO is accrued as you work. You will not accrue PTO time while you are on leave of absence or suspension by the Company. ACCRUAL SCHEDULE FOR FULL TIME EMPLOYEES Years of Service Days Accrued Hours Accrued Maximum Annual Accrual (Hours) 0 - _____ _______ _______ _______ ____ - ____ _______ _______ _______ ____ + _______ _______ _______ - 2 - MAXIMUM TIME ACCUMUALTED: Although you may carry over unused PTO time from year to year, there is a cap on the amount of PTO time you can accumulate. This encourages you to use your PTO and allows the company to manage its financial obligations responsibly. Once you reach your cap, you will not accumulate any more PTO until you use some of the time in your account and drop below the cap. After your balance goes below the cap, you will begin accruing PTO again. However, you will not receive retroactive credit for time worked while you were at the cap limit. PTO accrual is capped at one and one half times your annual PTO accrual rate. TERMINATION: You will be paid for all accrued but unused PTO when you leave the company. MANAGEMENT OF PTO: You are responsible for managing your PTO account. It is important that you plan ahead for how you will use it. This means developing a plan for taking your vacations, as well as doctor's appointments and personal business. It also means holding some time in "reserve" for the unexpected, such as emergencies and illnesses. MINIMUM INCREMENTS OF PTO: The minimum amount of PTO you can use at one time depends on whether you are an exempt or a non-exempt status employee. If you are non-exempt, you may not take less than one hour off at a time. If you are an exempt status employee you must take PTO in increments of not less than one-half day. NOTICE AND SCHEDULING: You are required to provide your supervisor with reasonable advance notice and obtain approval prior to using PTO. This allows for you and your supervisor to prepare for your time off and assure that all staffing needs are met. There may be occasions, such as sudden illness, when you cannot notify your supervisor in advance. In those situations, you must inform your supervisor of your circumstances as soon as possible. - 3 - RECORDING PAID TIME OFF: You must complete an Absence Report for all PTO time used. We are required to track absences for illness, work related illness/injury, or the attendance of school related activities for legal compliance reasons. The amount of PTO accrued, used and available will appear on your paycheck stub. [ TRANSITION PROVISIONS: Most employees will start the new PTO banking system with an account balance consisting of all accrued old sick, personal, and vacation time. You will not lose any days if you come into the plan with a balance greater that your PTO cap. Employees who have hours over the maximum will continue to accrue PTO time and have one year to use time in excess of the maximum accrual. ]  

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