If I borrowed against PTO am I obligated to paymy employer?

UPDATED: Jun 9, 2011

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If I borrowed against PTO am I obligated to paymy employer?

I have borrowed against time off at my job for vacation and sick which has put me in the negative. These records are maintained by the office manager who also deducts sick time further when you are even just a few minutes late. Therefore, my PTO is further overdrawn due to her record keeping (which is also inconsistent as her record keeping is manual and has many holes).

Asked on June 9, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no general legal answer--this depends in large part on both company policy and/or any specific agreements you have with your employer. It would be legal, for example, for an employer to have a policy and agreement with employees that if they are overdrawn on PTO when their employment ends or terminates, at that point they have to repay the company for the value of the excess time off. You should discuss the matter with HR or your office manager (whomever is in charge) and ask what policy is; you probably also should not, if you have any concerns, continue to draw down on PTO. Instead, let yourself get caught up.

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