Tuesday, January 10, 2017

The ugly truth about PTO.

I answered a question with some brutal honesty today on AVVO:

https://www.avvo.com/legal-answers/can-my-employer-change-my-pto-accrual-rate-without-2871321.html#answer_7064689

What is PTO and is it enforceable?

First and foremost, the Department of Labor, the Fair Labor Standards Act, and the Florida Statutes generally do not protect your PTO. PTO, holiday pay, your schedule, your hours, your workload or numerous other terms and conditions of your employment. Please excuse me if you work for the government or have a written contract or collective bargaining agreement with your employer as this does not apply in those situations.

An sophisticated business will articulate that you are not entitled to any PTO after your termination of separation from employment. I recommend that all of my small business clients put these words within their handbooks. Something like this would suffice:

"[Description of PTO] is a benefit which has no cash value, is non-transferable and the employer is not responsible for a payout upon separation of employment between employer and employee."

I typically recommend that the employer offer two weeks pay and get their employees to sign an iron clad severance agreement and release. This will preclude employees from precipitating litigation and other costly actions and engender good will with a former employee.


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