paid time off policy change

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paid time off policy change

My employer was offering paid time off and had decided to change to sick pay back dating the policy to 9/16/2019. It is now 10/3/2019 and none of the employees have signed this new policy. Can my employer legally deny paid time off that occurred after 9/16/2019?

Asked on October 3, 2019 under Employment Labor Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be denied this PTO. The fact is that absent an employment contract or union agreement to the contrary, your employer has the right limit or in any other way change its policy regarding PTO so long as it doen not attempt to effect time already earned. In other words, such a change cannot be retroactive. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can. Employers have 100% discretion about their paid time off, sick, vacation, etc. policies. While there are limitations about their ability to take away already-earned time, there is no restriction or limitation on their ability to change their policy on a prospective or forward-looking basis. So they can change the time they will grant after 9/16.


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