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Paid time off Idaho

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  • Paid time off Idaho

    Is there a IRS regulation concerning the usage of Paid time off.
    Here is an example
    An non-exempt 40 hour per week employee works 8-8 Monday thru Thursday
    calls in sick on Tuesday, and takes 10 hours of PTO for the day.
    Then she picks up an extra 10 hour shift on Friday. Can she still use 10 hours of PTO on Tuesday when she worked 40 that week?

    ex 2
    An non-exempt 40 hour per week employee works 8-8 Monday thru Thursday
    in put on low census on Tuesday, and takes 10 hours of PTO for the day.
    Then she picks up an extra 10 hour shift on Friday. Can she still use 10 hours of PTO on Tuesday when she worked 40 that week?


  • #2
    There are no Federal laws and no laws in any state with regards to the use of paid time off. When she can or must use the time is entirely up to the employer.
    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.

    Comment


    • #3
      So, if they take PTO over the 40 hours worked in a work week, it does not qualify as "selling PTO" or cashing out?

      Comment


      • #4
        I don't know what you mean by that. Please explain.
        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.

        Comment


        • #5
          Not exactly. IRS is normally on a cash basis. When the employer issues a check for any reason that check is normally wages subject to taxation. Whether it is made up of salary or vacation taken or vacation paid out is mostly a "who cares" as far as IRS is concerned. Wages are wages. The closest IRS has to an actual rule is that vacation is mentioned in passing in the Supplemental Wage taxation rules.

          IRS also has a rule that an unused vacation/PTO balance is not considered to have any constructive receipt issues. This is important in the sense that IRS absent this rule could consider the presence of a buy out plan to trigger receipt of wages even if the payment had not yet occured. (Good rule from IRS for a change).

          IRS does not normally care if anyone ever gets paid as long as when someone does get paid, IRS gets their cut. Just like the Goodfellas movie.

          -----

          Past that, IRS just does not care about any of the things you mention. In theory, if someone in government would care it would be state DOL, but even CA does not have vacation rules as involved as what you mention. Practically speaking you have:
          - Federal DOL that cares that payments are correctly paid based on actual hours worked, but who really has no interest in any of the paid time off hours.
          - State DOL who may or may not care about the paid time off hours, but this is very state specific, and there is a limit to how much any state (even CA) cares about this subject. I have no idea just how much your state cares, but I would be shocked if they cared about your specific issue.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

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