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Taking Back Pay for PTO

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  • Taking Back Pay for PTO

    Is it legal for a company to make you pay back sick/pto pay because your hours dropped below a full time status? To explain - my husband works for a small, private company. He started working part-time, then became full-time. He is also a full-time student. After going from PT to FT, we had a baby. He used his sick days as PTO during this time as advised by his store manager so that he could take time off and get paid. Since this time, his hours have dropped below a FT status (because I've started back to work and he keeps the kids on the days I have to go in to the office versus working from home). He was informed by someone at the home office that if his hours did not get back up to FT status that he would have to repay the company for the sick days he used. Is this legal?!

  • #2
    Possibly, but it depends on your state, which you did not identify.
    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.


    • #3
      The state is Georgia


      • #4
        Georgia is not a very employee friendly state.

        Having said that, if your husband has gone beyond that vacation that he would get if he changes position, then it is legal for the company to want to be repaid.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


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