Personal time off suspended

[SBoon]

What is the name of your state (only U.S. law)? Florida

I realize that this has been talked about here before, but i have one more twist that i didn't see (i'll admit - i haven't looked very long - sorry.). My husband's PTO days were suspended today by his employer - a major hotel chain. This comes AFTER all employees were told to "bank/save" their time (vacation and Personal Time Off) for the summer months because there would be a very slow season then, plus they were going to embark on a major renovation of the hotel. SO . . . they saved. Only to find out today that they can no longer use them at this point; that those days are now "frozen" until a later date - probably some time in September. We understand all that and realize that's the way it goes sometimes. The problem is that those days roll into the "hospital-long term care" pot once an employee reaches his/her employment anniversary date (so again, they can claim that they're not really removing a benefit - just moving it!). My husband's anniversary date is August 26. In 21 years of service, the man has taken maybe 8 sick days off, so the long term care bank will probably never really be of any benefit to him, even when he retires; they get to keep that cash, and he already has 41 days built up in there. In the mean time, he's now cut down to 24 hours/week and can't call on those days to fill the gap. Now here's what i see as the possible twist: Other employees who's anniversary dates are outside of these 3 months will definately see a paid benefit from their PTO days. It almost seems like a penalty or some form of descrimination to those who were unfortunate enough to have their hire dates in these three months. Add to that the fact that management told staff that these days should be earmarked and used as a strategy to help themselves get by in these lean times, but then it seemed to hurt the corporation too much. Again, not everyone will get hurt by this decision - only the few who's anniversary dates fall between June - August. Are we completely stuck with this decision? Is this all legit? Can they change a benefit for one select group of employees like this?

Thanks for any light you can shed. We feel pretty ripped off right now.
SB

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida

I realize that this has been talked about here before, but i have one more twist that i didn't see (i'll admit - i haven't looked very long - sorry.). My husband's PTO days were suspended today by his employer - a major hotel chain. This comes AFTER all employees were told to "bank/save" their time (vacation and Personal Time Off) for the summer months because there would be a very slow season then, plus they were going to embark on a major renovation of the hotel. SO . . . they saved. Only to find out today that they can no longer use them at this point; that those days are now "frozen" until a later date - probably some time in September. We understand all that and realize that's the way it goes sometimes. The problem is that those days roll into the "hospital-long term care" pot once an employee reaches his/her employment anniversary date (so again, they can claim that they're not really removing a benefit - just moving it!). My husband's anniversary date is August 26. In 21 years of service, the man has taken maybe 8 sick days off, so the long term care bank will probably never really be of any benefit to him, even when he retires; they get to keep that cash, and he already has 41 days built up in there. In the mean time, he's now cut down to 24 hours/week and can't call on those days to fill the gap. Now here's what i see as the possible twist: Other employees who's anniversary dates are outside of these 3 months will definately see a paid benefit from their PTO days. It almost seems like a penalty or some form of descrimination to those who were unfortunate enough to have their hire dates in these three months. Add to that the fact that management told staff that these days should be earmarked and used as a strategy to help themselves get by in these lean times, but then it seemed to hurt the corporation too much. Again, not everyone will get hurt by this decision - only the few who's anniversary dates fall between June - August. Are we completely stuck with this decision? Is this all legit? Can they change a benefit for one select group of employees like this?

Thanks for any light you can shed. We feel pretty ripped off right now.
SB

**A: is he in the union and is the time off mentioned in the employee manual?

 

[SBoon]

No union; i'll check on the employee manual. Thank you.
SB

 

[cbg]

Vacation, PTO and other paid leave is not a benefit protected by law in any state.

For you to have any legal recourse, not only would the benefit have to be mentioned in the employee manual, but the manual itself would have to meet the definition of a legally binding contract. That is possible but rare, and only an attorney in your state who had read the entire manual could say if that is the case. Most well written handbooks specifically state that they are NOT contracts and that managment reserves the right to amend or change it at any time.

I am not unsympathetic but your chances, particularly in a state like Florida with very weak employment laws, of having any legal recourse are slim at best.

 

[SBoon]

Vacation, PTO and other paid leave is not a benefit protected by law in any state.

For you to have any legal recourse, not only would the benefit have to be mentioned in the employee manual, but the manual itself would have to meet the definition of a legally binding contract. That is possible but rare, and only an attorney in your state who had read the entire manual could say if that is the case. Most well written handbooks specifically state that they are NOT contracts and that managment reserves the right to amend or change it at any time.

I am not unsympathetic but your chances, particularly in a state like Florida with very weak employment laws, of having any legal recourse are slim at best.

Understood, and thank you. Our best plan will probably be to simply appeal to their kinder senses, possibly in the form of a letter to the General Manager, pointing out the disparity of the situation and possibly suggesting some kind of compromise with the number of days given to the hospital fund - but we won't expect anything. I think it's worth a shot . . .

Thanks again. Love this place!

SD