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Paid time off Pennsylvania Pennsylvania

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  • Paid time off Pennsylvania Pennsylvania

    I am a contracted employee in PA. Our Contractor is in Texas. I noticed on my past pay stubs that they previously gave me 3.08 hours of PTO per pay period then changed it to 2.88. I did not received any type of notification of this. We were never told of what our PTO accrual definitively was. On the acceptance letter it stated we would get 3.08 hours per 80 hours of work but we were always 75 hours per pay workers. Their policy also states " a regular full time employee who is paid for fewer than the minimum number of hours in a pay period will proportionally accrue less PTO." We do not really understand what this means but some fellow workers think this means that if we use PTO during a pay period, we do not accumulate PTO for the used PTO hours. Like we worked 67.5 hours and used 7.5 PTO we only accrue for the 367.5 hours worked. The Contractor has not given us a definitive answer on this either. Thank you for any help.

  • #2
    The 3.08 is for each 80 hours worked...if you only worked 75 hours, you only get 75 divided by 80 times the 3.08, which comes out to 2.88. That's what "proportionately accrue" means. What proportion of 80 hours did you work? It sounds like you have been accruing too much since hire if you have been at 75 hours and they just realized and fixed it.

    If you work 67.5/80 *3.08 = 2.60 hours accrued. And no they would generally not take into account any non-worked hours such as PTO or unpaid timeoff. If you were a 40 hour per pay period worker, you would accrue half of 3.08 = 1.54 hours.

    Honestly, I am surprised that you accrue any as a contractor. It is definitely not required at all under the law, but possibly is under your contract.

    In the State of TX, they just have to follow the written policy which it sounds like they are doing. I don't see any problem or recourse.

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    • #3
      Going through my pay. I was getting 2.89 then for two pay periods I got 3.08 then it went back to 2.88. I think they actually did not give me the 3.08 twice but it states that on my pay stub. But they never let me know. This all happened when they switched time sheet companies. We have been very unhappy with them since they got this contract and we have to scrutinize every pay stub we get. They got our local taxes wrong at the beginning, they didn't pay us mileage, they won;t give us direct answers, etc. I now they don;t have to even give us PTO but they said they would in the contract.I just felt that even though they made a mistake, they should have notified me of it. They just give a lot of us the feeling of being disingenuous.
      Thanks!

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      • #4
        The policy you quote as to partial PTO for less than minimum hours in a pay period makes little sense by itself ...unless there is more to it elsewhere.
        The relevant week for pay in PA is 7 days
        Are you hourly or salaried , exempt on non exempt. And by chance a computer/iT worker? paid for,correct hours or required to log 75 every two weeks but actually work a lot more.?

        2.88 hrs of PTO makes sense but some of the rest of it is loose?

        You post that local wage taxes were improperly withheld...get them fixed promptly if not already done ...they can be harder to unwind than Federal tax problems.

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        • #5
          I think the policy is fairly clear. You get full PTO if you work a full week and less if you work a partial week.

          I also think every employee should review their paystubs carefully.

          HRinDEVON, Federal law requires a set work week of 168 hours. While that is 7 days, the company can set their start and end time whenever they like. A company can also set different work weeks for different locations or divisions.

          Being exempt or non-exempt does not necessarily have any bearing on PTO time. Since PTO time is not required under law, the employee can set their own rules (as long as it complies with federal or state laws).

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          • #6
            PA has one, and only one, rule with regards to any form of paid time off.

            That rule is, the employer has to follow their policy.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              OP, you didn't ask about OT, but you referenced an 80 hr pay period . PA in general does not follow the so called 8/80 exception, and where it does is just for two employment areas with prior employee agreement.
              Might want to check details of your 75 hour times. The two exceptions are in areas of health care and air carriers.

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              • #8
                There is nothing at all to indicate an issue with OT. It is fairly typical for PTO hours to be based on hours worked. The rate might be based on 80 hours but your schedule might call for 75. This is not uncommon either. My past few jobs have had different groups of employees with a different number of standard hours.

                I have also been through a few change overs with payroll systems and there have always been glitches. It often takes months to find them all and determine how they will be corrected if they in fact will. Leave accrual tables are particularly prone to issues, no matter how many beta runs to attempt.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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