If my employer forced our department on unpaid leave, can I use my PTO as compensation during this time period?

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If my employer forced our department on unpaid leave, can I use my PTO as compensation during this time period?

It refuses to pay us PTO. Since we’re technically still employees don’t we still get it? The company client appeared to have stopped paying them for their service. They’re looking to place the affected employees in another department but won’t know anything until “Friday”. No exact “end date” was proved at the time of communication. Can the affected employee file for loss wages via the state’s unemployment system?

Asked on April 23, 2012 under Employment Labor Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are presently on "unpaid leave" from your employer and have accrued time off while an employee, you are entitled to ask for and receive "paid time off" (PTO) from your employer with respect to accrued vested time off that you have.

Since you have been placed on unpaid leave (laid off), I would go down to the local unemployment office and make a claim for unemployment benefits pending you being placed back on actual work duty by your employer when things get better work wise.


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