Can an employer take away earned PTO time without notice or option to pay out for your earned PTO?

I work for a not for profit near Branson, MO, we have around 120 employees during
peak season and around 30 employees during the winter. The company is switching
to a new time keeping company and not allowing the salaried managers to roll over
more than 80 hours of PTO. Regular hourly staff cannot roll over more than a
couple of days. This will go into effect December 31st, 2018. No written or
verbal notice or confirmation has been given to either the salaried staff or the
hourly staff. I know one salaried manager is losing 70 hours of PTO, and hourly
staff is losing days as well. No notice was given, and we still do not have
definite answers to what will happen to our PTO. Our HR is very shady and tells
one person one thing, and another person a different story. She is the only HR
person for our company, so I don’t know who to ask.

Asked on December 27, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your state (MO) does not make PTO something you have a right or entitlement to (i.e. it is not paid out at time of separation from employment, unless you have a contract guarantying payout). PTO policy is at employer discretion, and the law recognizes an employer's right to modfiy PTO policy. What you describe--reducing the carry over of PTO--would most likely be legal.


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