What can be done if my wife’s company has been changing policy on work scheduling and paid time off?
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What can be done if my wife’s company has been changing policy on work scheduling and paid time off?
A month and a half ago, my wife put in for time off for a family vacation, which was well in advance. She would have accrued the necessary paid time off in order to take vacation. Last week my wife’s company announced that you can only request time off based on time they have on the books, future accrual is not taken into account, which would mean that the vacation home that we already paid for would be wasted. I would be out $1700. ,Also her company charges employees PTO when they send the employee home due to lack of need. Unless the employee provides in writing that they do not want to be charged PTO for being sent home, they get charged.
Asked on July 8, 2015 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) An employer can generally change its policies about schedule, vacations, etc. at will, but there are two limitations:
a) the change is only effective from when it is announced forward, so it should not affect previously authorized leave; and
b) if in reliance on the company authorizing the leave, you reasonably incurred costs, the company may be liable for those costs (e.g. the vacation home) if their actions cause you to be unable to take advantage of or otherwise waste the money you spent.
Therefore, the company should honor its decision to let your wife take vacation, made before the announced policy change; and if they do not, they should reimburse you for the vacation cost you reasonably incurred based on what they said.
2) A company may *not* charge employees for PTO if the company does not have work for them and sends them home for lack of need (the company doesn't need to pay them for time they do not work, but that is a different issue). If they have improperly charged PTO, the employee may be able to get it back or get compensation for it.
You should speak with an employment law attorney to evaluate your options--you may, as discussed above, have legal claims, but to vindicate your rights, may have to sue. Suing your employer is not done lightly, hence the need to consult with an attorney in some detail.
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