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  1. #1
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Unhappy Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    My question involves labor and employment law for the state of: IOWA.

    I am currently being investigated for neglect - Long story (not so) short: I work for a group home for adults with disabilities. I was 20 minutes into my shift when a client got into my purse and proceeded to chew on my medication bottle. It was determined she did not ingest any. (she doesn't know any better, and yes, I have a prescription for it) We are not required to have our personal items locked up so my purse was sitting on the hall table. I was in the room with another client when this happened.
    Again, myself and the other staff on shift did a full mouth sweep and assessed the situation, and were both confident she did not ingest any. The pill bottle was chewed up, and top had popped off and the pills were scattered on the floor. She was standing with the empty bottle in her hand when the other staff found her.
    As it was determined she had not ingested any, the pills were immediately cleaned up and securely put away - no contact to 911 or supervisors as she had not eaten any.
    3 hours into the shift, (she was completely fine up until then) she did something out of the ordinary, prompting an immediate call to 911. I automatically informed 911 and the emts upon arrival of the incident earlier in the day - even though I still believed she had not ingested it, I wanted them aware just in case.
    Now, we r both suspended and under investigation. DHS has already closed handling with the finding "unfounded." DIA has now gotten involved and as of today informed me it is a 6-8 week process - and that even if it comes back unfounded, my employer can still fire me.
    I cannot live without money. I work full time, and I am a full time student. I also support a family. I am scared, and I don't know what to do.
    FYI: What happened to my client was horrible, and I feel so bad, however; it wouldn't have mattered where I put my purse, as she gets into everything and due to "restrictions" we are not allowed to lock anything up, including our personal belongings because it is her home - per our company and DIA. Also, I care very much for these clients, and I have had full backing from this clients parents -it is my company who is trying to throw me under the bus because that way they will not have to explain why there are no protective measures (which my clients parents have been after them for, for years) . In the instance of not calling 911 right away...a reasonable person who believes there was no actual consumption, would just have monitored her, and not called 911 unless they really thought she had ingested something. Once she did something unusual later in the evening, it was then that I called 911.

    Here is my question: I want to quit...and look for another job. There are serious problems with this company (as my clients parents and guardians will agree, not just us staff) and I cannot continue to be unemployed or I will be on the street. I have 160 hours of EARNED pto. These are hours I have already earned. 160 hours is the max accrual...I maxed this several paychecks ago. I have not accrued anymore, and wouldn't, until I get it below 160. I want to send them my resignation but I am afraid of two things:
    1. The guidelines under suspensions states (company) will not accept a resignation during the suspension period. Is this legal? I can't quit an at-will job if on suspension?
    2. Do they have to pay me my earned pto? I saved up 160 hours...I need that money to live off of until I find another job. This is the biggest reason for quitting. I can't wait around forever for them to not even bring me back (not that I want to go back).
    Please, any advice is greatly appreciated.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned Pto

    1. I'm not sure of, but it would seem to be legal.

    2. No, they do not.

    My advice is to get back to work when you can (in the meantime looking for other employment) and take your pto ASAP, if given the opportunity to continue employment where you have been working.

    Also, find a way to lock up anything your patient(s) should not get in to. Even if it means leaving it in your car.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    Have you asked your employer if you can take the PTO while you are on suspension?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    1. Yes, you can quit. You'll likely be disqualified for UI though.

    2. Please clarify - is this sick/vacation time or other? I do believe the law might see a difference between the two.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    Quote Quoting Dogmatique
    View Post
    1. Yes, you can quit. You'll likely be disqualified for UI though.

    2. Please clarify - is this sick/vacation time or other? I do believe the law might see a difference between the two.
    PTO = paid time off, to be used in either scenario.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    I know the acronym, but - certainly for some companies - they do make a distinction.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    Doesn't matter; Iowa law does not require the payout of unused vacation or PTO unless the company has a contract, policy or procedure of doing so.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Currently Suspended but Want to Quit, Does My Employer Have to Pay My Earned PTO

    Thanks, cbg

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