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Aug11

PTO Policy

Our policy states that you start accruing PTO when you start working but it cannot be used until after 90 days. I have an employee that was full time and accrued PTO each pay period. She went part time and the PTO accrual stopped. She was allowed to use that balance that she had. Now she is changing to full time again. So, should she be able to start accruing PTO right away and be able to use right away? Or should she have to wait the 90 days to use it?

Paid time off is a benefit considered a matter of agreement between employer and employee. So, employers are generally free to adopt paid time off policies at their discretion. Keep in mind that some states have adopted legislation regarding the administration of paid time off benefits, namely vacation time. Of these laws, most simply require employers to adhere to their own established policies and practices, and treat employees in a fair, non-discriminatory manner. Still, it’s best to know any applicable laws in your state.

According to your policy, eligible employees can start accruing PTO when they begin working. So, the employee in question should start accruing PTO as soon as she is eligible for PTO benefits (when she begins working full time).

Usually, a probationary period is used at the commencement of employment not when an employee’s status changes like from full time to part time and vice versa. So, as long as the employee has completed the initial 90 days she should be able to start using her accrued PTO as it’s earned when she becomes full time.

Some employers require employees to undergo an additional probationary period if they switch job positions or transfer departments. However, even this time usually doesn’t affect an employee’s ability to use their PTO. Such restrictions are usually imposed during the employee’s initial probation period upon hiring.

HTH!

This entry was posted on Thursday, August 11th, 2016 at 1:09 pm and is filed under
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