Earned PTO time resinded
Get Legal Help Today
Secured with SHA-256 Encryption
Earned PTO time resinded
I am presently employed in PA ALONG WITH 40 OTHERS HERE for a company in Indy. Indy has just announced in addition to 10% pay cut, manditory furlow, increase in med costs, they have taken 40 hrs previously earned PTOfrom all salaried employees in PA? Some one told me that in NY and Calif it is this illegal…..can you help
Asked on June 16, 2009 under Employment Labor Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, no. If it's earned paid time off, it's time you earned as part of your compensation and, at least in theory even if not in practice,accepted as compensation in lieu of being paid. Therefore, like back-wages, it's not something your company can simply take away--you earned it, it's yours. Certainly going forward they can change the rules, but not looking backward.
The question though is whether it was truly "earned" by working hours, or whether everyone simply is simply given a certain number of hours total or per year. If it was not in fact earned by labor, then it can be taken--it's a grant by the company that they can un-grant, so to speak.
Also, and the reason I say "generally" above, is you need to consult your employee handbook, and written work policies, any employment contracts, etc.--if there's something in writing saying that the company may rescind PTO or change the number of hours employees have at will, they can do it.
Since you're talking about 1 week salary each for 40 employees--or almost a year of pay in total--it's probably worth it to get together with as many other affected employees as possible and consult an employment attorney who can look into the specific facts of your case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.