I am changing from a part time with benefits status to casual. The change is effective in May but my employer says I cannot use PTO between now and then.

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I am changing from a part time with benefits status to casual. The change is effective in May but my employer says I cannot use PTO between now and then.

Previously we could use or get paid for PTO.
Now it is use or lose. However, they tell me
since I put in notice to change status I am not
eligible for PTo even though the change is 2
months off.

Asked on March 16, 2019 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your status has not yet changed, you should be able to use PTO in the interim as per the rules for your still-current status. The problem you face is that if your employer will not let you use the PTO, to force them to let you do so, you'd have to sue your employer, which has obvious costs, in terms of time, in terms of money, and in terms of the relationship with the employer; however, there is no way other than legal action to force them to let you use your PTO. You have to decide if legal action is worth it to you.


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