PTO Acrural changed but I was never notified

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PTO Acrural changed but I was never notified

In my company’s handbook that I was given when hired it has our PTO accrual rates. Recently I found out that I have not been getting my hours according to the handbook and my HR department told me that the handbook is incorrect, but we were never notified of the change. To this date I am short 66 hours of PTO that I should have gotten and now I never will. Is there anything I can do?

Asked on November 20, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While an employer may change the accrual policy, it may only do so on a forward looking basis, after notice to employees; until employees are provided notice of the change, they continue to accrue at the last rate or under the last rules/system of which they were notified. Changes in accrual may not be made retroactively, only from the moment of announcment of the change onward. Therefore, you should have continued to accrue at the past rate until they told you otherwise. It is a violation or breach of the agreement, even if only an oral or implicit one, pursuant to which you worked: you were working in exchange for certain compenation, including PTO, and since you did the work, they have to provide the benefits or compensation which they had then told you that you were working for.
That's the law. The practical problem you face is that the only way to get these days would be to sue your employer, which is obviously a drastic undertaking which will affect your relationship with them.


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