Is it legal for a manager to have discretion to payout for PTO?
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Is it legal for a manager to have discretion to payout for PTO?
I had dental work done in which I had a bad reaction
to. I called off from work to allow myself time to
recover. On Jan 1 the entire company is advanced
all our PTO days to be used across the year, no
restrictions on when and how it can be used. During
the days I called off I requested to utilize my PTO
days to compensate for not being at work. Reviewing
my pay statement I noticed those days were coded
and Unpaid. When I inquired why, timekeeping
advised me my direct manager told them not to pay
me for those days, and they did not. Over reviewed
our policy and procedure regarding PTO and time off
and it’s no where there that states this is proper.
What legal ramifications do I have?
Asked on February 22, 2016 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Timekeeping and HR are sometimes the same function in companies... but you need to reach out to HR and request a review of your PTO. If the policy says that you were entitled to it without oversight, then you are entitled to the pay. If the policy says that you get PTO subject to your supervisor's approval... then you are limited by the policy.
If you are entitled to the funds per your company's policy, then you need to contact the workforce commission and ask for their assistance in the collection of pay which has not been timely tendered in violation of the Texas Pay Day Law in the event your HR department refuses to correct the mistake.
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