Employer stating "Part Timer's don't earn PTO" Wording from Employement Handbook

[lakewoodgirl]

Employer stating "Part Timer's don't earn PTO" Wording from Employement Handbook

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

Upon being demoted and having hours reduced, (due to loss of federal grants) I've decided to be paid my earned PTO wages upon my resignation. My employer claims however, that part time employees don't earn PTO. However, here in an excerpt from my employee handbook:

"F** provides eligible Employees with paid time off ("PTO") from work. PTO may be taken for any reason, including your illness, vacation time, and other personal time away from work. Full-time and Part-time Employees accrue PTO in accordance with the schedule below. Temporary Employees do not accrue PTO."

This goes on to say that full time employees accrue 4.65 hours per pay period, PTO may carryover, etc. yet it doesn't say how much PTO a part time employee accrues. With me being a part time employee of this organization for over 15 months, and not used any PTO, I should have $700-$800 of PTO. My pay stub doesn't reflect any PTO hours (blank) but clearly according to the above paragraph, I am an eligible employee.

 

[tranquility]

Your issue is difficult and would require a lot more information than what you posted.

The problem is, the amount is so small that no lawyer would take the case.

Besides, I suspect the employer is correct.

If you really, really, really think you have been screwed, sue them in small claims. The filing fee is small and you can tell it to the judge. I have no idea how it will come out.

 

[lakewoodgirl]

Unpaid PTO

Thanks so much for responding and giving your input. So could this not be a class action?? This organization has had years of part time employees who have been told they don't have PTO- however, this paragraph states they are eligible, it just doesn't give the amount they are eligible.

Just out of curiosity why do you think my employer is correct?

Also, the $700-$800 what I figured is half of the full time PTO hours.

What other information could I provide to be clearer? Here is the whole excerpt:

"F** provides eligible Employees with paid time off ("PTO") from work. PTO may be taken for any reason, including your illness, vacation time, and other personal time away from work. Full-time and Part-time Employees accrue PTO in accordance with the schedule below. Temporary Employees do not accrue PTO.

Current full-time employees will accrue at a rate of 5.85 hours per pay period, for the first three years of service. Beginning with the fourth year of service, employees will begin to accrue at a rate of 6.15 hours per pay period. Newly eligible employees with a hire date after May 1, 2003, will accrue at a rate of 4.65 hours per pay period for their first three years of service. Unused PTO at year-end will carry over to the subsequent year."

 

[aldaron]

Since your position was funded by a grant then you were a temporary employee.

 

[justalayman]

in your first post, it does not state that part time employees get PTO. It says that all employees earn PTO as the schedule below indicates. Since it does not show anything for the part time employees, that means they are not given PTO.

 

[pattytx]

What do you mean "you've decided to be paid" your PTO?

 

[lakewoodgirl]

Thanks to you all. I didn't want to file a small claims and look like an a55 in front of the judge.
I just didn't understand how since I was part time, I was eligible to earn it, but it didn't specify the amount of PTO a p/t person earns. I was never considered a temporary employee...which is the only category they state doesn't earn any PTO.
Patty- I've never taken any PTO and since I am resigning, I wanted to cash it in- which means usually a company will pay you the PTO you've earned but didn't use.
The whole section totally contradicts itself in my opinion.

Thanks anyway- if anyone else has anything to add, it would be much appreciated.

 

[cbg]

I think you missed the point of what Patty was saying. She was attempting to point out that it is not your decision - it is the employer's. You can REQUEST payout, but it's up to the employer whether to do it or not.

 

[justalayman]

The whole section totally contradicts itself in my opinion.

It surely does allow one to interpret that a part time employee is eligible for PTO but as I said, when it ascribes some earning ratio, there is nothing so, based on that, you are earning nothing for PTO.

 

[pattytx]

And even if you were supposed to earn PTO as a part-time employee, there is no law in Florida that you be paid it out at termination. If company policy and/or past practice is to pay it out, and they don't, your only legal recourse would be a small claims action.