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PTO policy changes

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  • PTO policy changes

    Hello all, I have a question regarding PTO. I have been with my company for almost 5 year, when hired I was given a job offer to sign which I did and in this offer there was a section about pto. It states how much time I will be given upon hire then says "refer to employee handbook for other specific rules.

    In the employee handbook at that time, it states at 5 years employment I will receive three weeks vacation instead of two. This is my main focus as I am coming up on my 5th year of employment.

    I have just checked the latest employee handbook from this year and they have changed this from 5 year to now 7..

    My question is, am I entitled to the 5 years still as I signed a contract at the time referring to this being the case? It seems not right that a company could change this in this manner. The contract itself does not state this, only says to "refer to company handbook" but handbook at that time said 5 years..

    Any help with clarification on whats legal here would be much appreciated.

  • #2
    Did you sign acknowledgement of a job offer or an actual contract? I encountered a situation similar to yours, but signed a job offer, not a contract. I checked with an attorney friend of mine who told me that as long as I had not already earned pto’s under whatever employee handbook was in force at the time I earned those pto’s, I had no course of action. If I had already worked long enough to have those pto’s in my leave bank per the handbook in question, then I would have had a course of action if the employer refused to either let me take the time off or pay me for them, since in my state, pto’s already earned but not taken are considered the same as wages. The point is that without an actual contract, the employer can change its terms of employment with you at any time, but you must be made whole per the handbook either by allowing you the time off or reimbursing you for those pto’s if you’ve already earned them. If you haven’t, then I think you are out of luck. Of course, you are also free to seek employment elsewhere because of it.
    Last edited by Lotzaspotz; 08-21-2020, 08:27 PM.

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