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  1. #1

    Default Using My Pto W/O My Requesting It

    My question involves labor and employment law for the state of: New York (company is based in Nashville TN)

    I have an online job that is based in Nashville TN. All my co-workers live all over the country. I live in NY. I was told by multiple long term co-workers the job has to follow the labor laws of the state I live in. If that isn't true please let me know.

    It seems my job is using my PTO without me requesting it. I had 6.73 hours of PTO saved by Feb 7th. I used 6 hours of it and it left me with a balance of .73. I now have .17 and never once requested PTO.
    On my May 22nd paystub.. I had 0 hours worked. Yet they used .20 of my pto to give me a $2.81 paycheck. I should have 12-15 hours of PTO saved!

    This doesn't sound right and I will be calling the labor board tomorrow to find out. (because everything that ever happens to me always happens after hours lol).

    I also have an issue w/ their unreadable paystub and the fact that Kronos says I had 20.70 hours and I only got paid for 19.32. Now I have to go back to my first paystub and go over everything w/ a fine tooth comb.

    PLEASE ask to me clarify anything. I'm kicking myself for not going over my paystubs as finely as I should have. So Please excuse me while I print out every thing going back to November. lol.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,440

    Default Re: Using My Pto W/O My Requesting It

    First of all, while it is true that the labor laws of the state in which you live and work are the binding ones, there is no state in the US where the employer needs your permission to use PTO time.

    PTO is there for the purpose of making you whole when you do not work. If you did not work, it is appropriate and LEGAL for the employer to apply PTO in all 50 states whether you requested it or not.

    While some employers will allow you to take unpaid leave even when you have PTO available, they are not required to do so.

  3. #3

    Default Re: Using My Pto W/O My Requesting It

    Quote Quoting cbg
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    First of all, while it is true that the labor laws of the state in which you live and work are the binding ones, there is no state in the US where the employer needs your permission to use PTO time.

    PTO is there for the purpose of making you whole when you do not work. If you did not work, it is appropriate and LEGAL for the employer to apply PTO in all 50 states whether you requested it or not.

    While some employers will allow you to take unpaid leave even when you have PTO available, they are not required to do so.
    Oh damn.... so basically the pto they give me is useless... i'll never expect to use it. so ridiculous. I'm about done w/ this job anyway.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Using My Pto W/O My Requesting It

    Quote Quoting JustMe10628634
    View Post
    My question involves labor and employment law for the state of: New York (company is based in Nashville TN)

    I have an online job that is based in Nashville TN. All my co-workers live all over the country. I live in NY. I was told by multiple long term co-workers the job has to follow the labor laws of the state I live in. If that isn't true please let me know.

    It seems my job is using my PTO without me requesting it. I had 6.73 hours of PTO saved by Feb 7th. I used 6 hours of it and it left me with a balance of .73. I now have .17 and never once requested PTO.
    On my May 22nd paystub.. I had 0 hours worked. Yet they used .20 of my pto to give me a $2.81 paycheck. I should have 12-15 hours of PTO saved!

    This doesn't sound right and I will be calling the labor board tomorrow to find out. (because everything that ever happens to me always happens after hours lol).

    I also have an issue w/ their unreadable paystub and the fact that Kronos says I had 20.70 hours and I only got paid for 19.32. Now I have to go back to my first paystub and go over everything w/ a fine tooth comb.

    PLEASE ask to me clarify anything. I'm kicking myself for not going over my paystubs as finely as I should have. So Please excuse me while I print out every thing going back to November. lol.
    Each state has different requirements for when an employer can use PTO without your permission. So check with your department of labor. Especially in these days of COVID.

  5. #5
    Join Date
    Oct 2016
    Posts
    4,099

    Default Re: Using My Pto W/O My Requesting It

    I know of no state law and certainly no federal law that requires PTO to be offered to employees. There are many states that have laws on how it is dealt with if it is offered. But I can't think of one that does much more than requires that PTO be handled in accordance with the company policy. Where the state usually gets involved is upon termination.

  6. #6
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Using My Pto W/O My Requesting It

    Once given PTO the company can't just take it away. It's part of the contract for employment. It's just that simple. If the company has no written policy then it a matter for the DOL.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,174

    Default Re: Using My Pto W/O My Requesting It

    Some states don't allow for "use it or lose it" and regard it as earnings that have to be paid at termination. But I know of no state that controls how or when it is used while employed. That is left up to employer choice and approval. Some states/locales now have state/locale required sick leave outside of PTO/vacation leave which is controlled by law.

    That said, yes, employers can usually require use of paid time prior to taking unpaid timeoff. The only circumstance where I have seen it being the employee's choice relates to coinciding with protected leave (FMLA or state version and then only in some states -- CA?)

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Using My Pto W/O My Requesting It

    The poster is welcome to contact either the state or Federal DOL. Applying the PTO without being asked is not considered, "taking it away", however; it's considered, "using it for the purpose it was intended".

    That's what the DOL will tell him. In any state.

    This is what hr for me, and PayrollDude, and I do for a living, Bud. We're not talking out of our hats. And yes, as a matter of fact, I have reviewed the PTO laws in all 50 states.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,750

    Default Re: Using My Pto W/O My Requesting It

    Quote Quoting budwad
    View Post
    Once given PTO the company can't just take it away. It's part of the contract for employment. It's just that simple. If the company has no written policy then it a matter for the DOL.
    That's true for California, but it's not true for Tennessee.

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,025

    Default Re: Using My Pto W/O My Requesting It

    Quote Quoting cbg
    View Post
    The poster is welcome to contact either the state or Federal DOL. Applying the PTO without being asked is not considered, "taking it away", however; it's considered, "using it for the purpose it was intended".

    That's what the DOL will tell him. In any state.

    This is what hr for me, and PayrollDude, and I do for a living, Bud. We're not talking out of our hats. And yes, as a matter of fact, I have reviewed the PTO laws in all 50 states.
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