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View Full Version : employer taking pto time Colorado


originalself
08-01-2008, 10:35 PM
At my job I have accrued weeks of pto and keep losing some that I can't manage to use every year. This year my job has only enough people to cover the shifts and I can never use my pto time. Even with three months notice they won't give me my time and I just lose it. It was asked if we can get a payout of our pto time since it can't be used and they denied it. Is their anything that can be done? Or is this perfectly legal?

Pattymd
08-02-2008, 05:34 AM
To my knowledge, Colorado does not prohibit "use-it-or-lose-it" policies.

mlane?

TheRed
08-02-2008, 12:42 PM
CO has a vested vacation/vacation as wages rule. It would seem to prohibit forfiture.

Betty3
08-02-2008, 10:15 PM
To my knowledge, Colorado does not prohibit "use-it-or-lose-it" policies

That's correct. Co. employers can have policies stating that unused vacation time doesn't have to carry over into the next accrual period.

However, accrued & unused vacation days available at termination of employment are considered wages under the Wage Claim Act & are due & payable on separation from employment.

hmm19782000
08-03-2008, 06:37 PM
If colorado ahears to the use-it or lose-it policy doesn't the company have to allow the employee to use the PTO already assigned for that year? Isn't the term use-it-or-lose-it an ultimatum the company puts forth stating "if you don't use-it you will lose-it" meaning that the individual has the right to use it based on the fact that they will lose part of their annual wages? Basically this individual will end up working for free based on however many days of PTO they get per year if they are salaried. Am I wrong?

Pattymd
08-04-2008, 01:27 AM
There is no legal right to "use" your PTO without the employer's approval. You're not working for free, you're getting paid for all time worked. I agree this is not fair, but it isn't illegal.

originalself
08-05-2008, 10:39 AM
thanks for all the help.

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