I'm in the process of wrapping up my position of 4 years with a San
Francisco company (I resigned to take another position). There are
some significant issues around my PTO (Paid Time Off) payout, and I'm
wondering if it's legal/appropriate, so was hoping to check with an
expert. If anyone has a moment to review the information, I'd greatly appreciate any and all help.
I'm providing a snap-shot for your perusal to expedite this process. My last day (verbally given) is to be Friday, May 15th.
Here's the snapshot:
- I have 400 hours PTO (paid time off) accumulated, which is the cap.
- On January 1st, I was furloughed 10% (putting my FTE
hours/compensation at 90%)
- Later that month, I was given additional recurring tasks, which
effectively increased my workload (I was working an average of 55 to
60 hours per week, with no additional compensation)
- As part of the furlough, I could supplement the 10% lost income
w/ PTO payout (I'd continue to accrue PTO at the full rate, and
the 10% would be made up in order to reduce liability on the books).
I elected to utilize this benefit.
- I signed a simple payroll change form document stating that, as part
of taking 10% furlough reimbursement, my PTO cap would be set at 25
days (200 hours). There was a verbal communication that the new cap
would take effect July 1st, 2009, and all PTO over 25 days would be
lost if not taken by then ("Use or Lose", though never stated as such.) I'm still at my cap (400 hours, as stated in their books).
- I'm leaving effective May 15th, and they're stipulating that they're
only liable for 200 hours of PTO payout, because of the furlough
- My understanding is it's an earned benefit, there's was nothing in
the signed document about PTO cycling down to 200 hours before July
1st, and I should be legally entitled to the full payout.
- Here is a text copy of the simple payroll change form I signed:
Payroll Change Form
Employee Name: XXX
Type of Change X Salary rate reduction & Furlough
Effective Date 1/1/09
Old Salary Rate: 1FTE $XX,XXX.XX
New Salary Rate: 1FTE $XX,XXX.XX a 2% reduction
monthly gross reduction
Old FTE: 1.00: X ,XXX.XX
New FTE: 0.90: X ,XXX.XX
Dec '08 PTO balance: 50.00 days
maximum PTO swap: 25.00 days
new PTO cap would be: 25.00 days
monthly gross reduction
If you swap max PTO for FTE: X ,XXX.XX
Return this form with an indication of
whether you prefer an unpaid furlough or
using PTO and getting paid. You can use
fewer than your maximum PTO swap days.
( ) I would prefer a reduction in FTE (unpaid furlough).
( ) I would prefer to swap my maximum PTO days.
( ) I would prefer to use days.