Can an employer remove PTO time without paying for that time?
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Can an employer remove PTO time without paying for that time?
I work in Nebraska.
I had recently put in for some PTO at work which was approved my employers. When
the week of the previously approved PTO came up my employer denied the approval
while not putting me back on the schedule labeling it as Unpaid Time Off and
still taking away the time from my accrued PTO hours.
Is it legal to take away PTO without paying for the time that was removed?
Asked on March 4, 2019 under Employment Labor Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you had actually put in your notice, the employer does not need to let you use PTO after you indicated you would be resigning. But while they neither needed to let you use the PTO then nor put you on the schedule, they could not simply take the time away, since your state requires the payment of accrued but unused vacation time when employment ends. So if you are resigning, they have to pay out your unused time when you leave; if they don't pay it all, you could sue them for the unpaid time (but not for dedicated sick leave; only for time that was or could be used as vacation time).
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