I have been forced to use over 200 consecutive hours of accrued PTO time after filing a Workers Comp Claim (currently in Delay status and pending SDI claim as well.) The length of time is primarily due to delays of the WC process such as waiting for Authorization, scheduling DR appointments, etc. In the meantime my PTO has slipped away and I believe my employer may have misapplied the guidelines forcing me to use my PTO in this situation.
Our Employee Handbook only has the following statements as taken from various sections of our handbook that appear to be related to the use of PTO and WC.
Paid Time Off
Paid Time Off may be taken at any time during the year, subject to supervisory approval, and may only be taken up to –40 hours, not to exceed the annual maximum accrual.
Unpaid Time Off
With the exception of Military Leave, employees are required to use available PTO for absences and leaves. Once all available PTO has been exhausted (up to –40 hours), an employee may request unpaid time off.
Leaves of Absence
With the exception of Military Leave, or as otherwise required by law, employees must use available PTO prior to taking unpaid leave.
Workers Compensation
XXX reserves the right, when applicable, to designate workers compensation time off as FMLA leave.
All Paid Time Off must be taken prior to taking unpaid FMLA.
Please help me...this policy seems contradictory, unclear, and unfairly applied.
Any comments would be greatly appreciated
Our Employee Handbook only has the following statements as taken from various sections of our handbook that appear to be related to the use of PTO and WC.
Paid Time Off
Paid Time Off may be taken at any time during the year, subject to supervisory approval, and may only be taken up to –40 hours, not to exceed the annual maximum accrual.
Unpaid Time Off
With the exception of Military Leave, employees are required to use available PTO for absences and leaves. Once all available PTO has been exhausted (up to –40 hours), an employee may request unpaid time off.
Leaves of Absence
With the exception of Military Leave, or as otherwise required by law, employees must use available PTO prior to taking unpaid leave.
Workers Compensation
XXX reserves the right, when applicable, to designate workers compensation time off as FMLA leave.
All Paid Time Off must be taken prior to taking unpaid FMLA.
Please help me...this policy seems contradictory, unclear, and unfairly applied.
Any comments would be greatly appreciated
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