What to o if PTO is being refused?

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What to o if PTO is being refused?

I work for a large healthcare corp and we have a benefit of PTO. We are understaffed so getting to take vacation time is difficult. We also have a cap of hours that we can earn and then we stop earning PTO. Several are now at the cap of hours cannot get time off when requested and not asking at last minute either. Reason is because of lack of staff. While it is legal to not approve time off and legal to make employees to attain cap without allowing vacation time, is there anything that can be done? There is a huge turnover and upper management does nothing to address the issues.

Asked on July 28, 2012 under Employment Labor Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to try and resolve the issue of personal time off (PTO) and the resulting cap is to carefully read the presumed employer employee handbook on the subject. Potentially if the "cap" issue is not addressed in the handbook when an employee exceeds the time, then IF the employee is on an hourly basis as opposed to salary, he or she would be entitled to overtime under the laws of all states in this country for all hours above the "cap" on PTO.

I suggest that you speak with your human resources department further on this issue. If that does not assist, a meeting with a labor attorney and/or a representative with the local department of labor would be in order.


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