Earned Vacation

[ooHIoo]

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

After dealing with unfair treatment and meeting with my Supervisor and Director for 3 1/2 hours, nothing has been resolved. It was such a hostile meeting where I was being bullied, I believe, into quitting. After enduring being yelled at, personal insults being made against my children and my superior becoming physically aggressive, placing her hand in my face, I still walked away with my composure & employment in tact. Upon returning home, I became so overwhelmed with the stress of returning to work that I sought out counseling and have been seen and treated for stress and anxiety, allowing me some time away from work. Due to the nature of my stress and the unplanned leave of absence, I've requested that my earned vacation be used for this time away. I was told that, generally, there is a two week notice given to utilize this benefit and in order for my request to be given consideration, I'd have to put it in writing as soon as possible. According to our policy handbook, PTO can be used for unscheduled time off, which I pointed out to my director in my written request. Almost a week has passed and I still have not received a response regarding my PTO. I've debated giving two weeks notice but there is nothing in our handbook that promises that I'll be awarded the acrued vacation time. Are there any Ohio laws stating that these earnings be paid to me? Please help!
Sincerely, Stressed in Ohio

 

[cbg]

No, Ohio law does not require the unconditional payout of unearned vacation time.

 

[pattytx]

Nor does the law require the employer substitute vacation pay for time off while you are still employed.

 

[ecmst12]

This will likely be considered FMLA time which by law does NOT have to be paid.

 

[ooHIoo]

Personnel Policy Handbook

According to our Personnel Policy Handbook, Section III, under PAID TIME OFF - VACATION, I should have been eligible to utilize my accumulated vacation time upon completion of one year's service. However, Due to an error on my employer's part, these earned vacation days were not made available for my use until December, which was almost six months later.


In accordance to our Personnel Policy Manual, Section III, under Sceduling Time Off and the use of unscheduled use of Paid Time Off (vacation hours), it refers you to Section II, page 2, Reporting Off Duty which indicates that, with proper notification (4 hours prior to start time of a scheduled shift), Paid Time Off can be used for unscheduled time off. It does state that, if possible, a difinitive date for returning to work be given.

 

[ecmst12]

None of that is legally relevent. FMLA time does NOT have to be paid. Your employer may, but is not required to, allow you to use your PTO time to cover your time off.

 

[eerelations]

Employers are not generally legally bound by their employee handbooks.

 

[pattytx]

Employers are not generally legally bound by their employee handbooks.

However, you're certainly free to take that employee handbook to a local attorney who specializes in employment law and see if it rises to the level of a contract.