Based on the wording should my bonus be prorated or am I entitled to it in full?

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Based on the wording should my bonus be prorated or am I entitled to it in full?

I have not been allowed to take any PTO from mid-April until end of July and will continue through August. I have reached the max 240 hours of PTO to bank and have not accrued any for weeks now. It is the company’s fault due to hiring that I can’t take any PTO so why should I now be capped? Am I entitled to the pay or the hours?

Asked on July 30, 2018 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether it's the company's "fault" in some philosophical or moral sense is an open question, but legally, it is not their fault. Employers are allowed to manage their staffing and workflow and can deny employees the right to take vacation during critical or peak times, when understaffed. Even if doing so casuses the employee some inconvenience or loss, they are allowed to do this; being allowed to do this, they are not liable (do not owe you anything) for having done so. (There is no liability for doing what you are allowed to do.) Remember: there is no inherent right in the law to PTO in the first place; it is voluntary for employers to let employees earn or have PTO, and it being voluntary, they can put limitations or restrictions or caps on it.


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