Please help me understand something.

Anonymous

September 24,2021 at 12:18PM UTC

Welcome to Fairygodboss!

We’re the largest online career community helping women achieve their career goals. Gain access to articles, jobs, events, and a supportive network of women and allies. Membership is free, always.

Please help me understand something. So in January I was laid off from a job I had for 18 years. At that time they paid out my accrued PTO. So then a few months later they hired me back saying I had the same seniority and would earn the same PTO. Ok, so I was back for about 4 months, and accrued over 46 hours of PTO. I recently resigned my position and this morning I got my final paycheck. It did not include PTO payout. They said I needed to be there for a year to get the payout. Am I missing something?? I feel like they should have paid me since they brought me back on at my previous status.

Why women love us:

Daily articles on career topics
Jobs at companies dedicated to hiring more women
Advice and support from an authentic community
Events that help you level up in your career
Free membership, always

13 comments

Share your insight

Join an authentic community that helps women support each other at work. Share your professional experience or ask for advice — you can even post anonymously.

13 Comments

Join the conversation

Marjorie KalomerisSeptember 24,2021 at 1:25PM UTC
Reach out to HR - it sounds like there could have been a miscommunication here. I would also dig up any emails (or an offer, anything you have in writing) saying that they would bring you back on the same status, earning the same PTO, and review the fine print around this.
I feel like a company you've been with for 18 years should honor this based on good faith, but I can also see how they could get away with it based on a technicality.
I really hope it works out for you!
AnonymousSeptember 25,2021 at 12:12AM UTC
So I did reach out to HR, and she did verify with the employer that I was to be re-hired at the same seniority status and I will get paid for the PTO that I had accrued. So it all worked out.
Marjorie KalomerisSeptember 26,2021 at 10:46PM UTC
Congratulations (and well done for asking)!! I'm so happy to hear it worked out for you.
AnonymousSeptember 24,2021 at 1:27PM UTC
Not if that is not the company policy for new hires. If their policy is you begin accruing and earning PTO from day one great then yes they owe you. If their PTO policy is that PTO is only paid after 1 year then no you are not due PTO. The PTO policy does not Grandfather you in. Meaning it doesn't take into account prior tenure. Check your employee handbook for the policy language.
AnonymousSeptember 24,2021 at 3:09PM UTC
Many companies pay out PTO during layoffs as a form of “severance” to show appreciation to their staff. Some companies do not pay out PTO at all when you resign or they do not pay out PTO within a certain timeframe (1 year for example) when you resign.
Victoria ZonaSeptember 25,2021 at 3:15PM UTC
What was in the contract you signed to join again or in employee handbook
AnonymousSeptember 25,2021 at 5:12PM UTC
Your time with the company started fresh.
You got status, benefits, maybe title. But you lost *time served* by leaving, cashing out, then returning.
The HOUSE always wins.
Me!September 25,2021 at 6:12PM UTC
I suggest referencing the state government PTO payout rules for the state which you reside.
ElsaSeptember 25,2021 at 6:57PM UTC
It all depends on the state where you worked. In California, where I live, PTO has to be paid with the final check. PTO and vacation hours are considered wages and must be paid (sick hours don’t).
Karen GongawareSeptember 27,2021 at 4:42PM UTC
So they lied. And this is a surprise why? I agree, look up the labor laws in your state and go from there.
Valerie RiegerSeptember 27,2021 at 4:50PM UTC
What do the employee handbook and the state DoL say about the payout of accrued PTO?
AnonymousSeptember 27,2021 at 6:17PM UTC
It just depends on your situation and the laws around it.
Liz MilneOctober 3,2021 at 7:14PM UTC
Read the fineprint on your renewed contract - they might have included a rider saying that if you leave within a year of the return to work, you lose your accrued benefits?