Sudden Change in PTO - Company Refusing Time Off/Pay Out
Hello!
Love this group so much, and hoping someone might be able to help and provide some advice.
On 11/11/2020, my company announced that beginning 01/01/2021, salaried employees will have unlimited PTO + 10 sick days 6 floating holidays. HOW AWESOME! However, I quickly learned there was a large caveat. Since beginning this job, our benefits included 80 hours of roll over time. I 100% anticipated using anything over those 80 hours (of which I would be at 71 hours on 12/31/2020) before 12/31/2020. However, as a MN employee, my company has indicated we will get no time rolled over into 2021. ZERO.
Frankly - I am astonished they are giving us 6 weeks notice of this change of plan. I have seen companies do this in the past, but they provided 12 month notice!
I am in a really tough spot - as this means I will need to take 18+ days (not including Thanksgiving and Christmas Day) off before 12/31/2020 - putting my colleagues in a really tough spot. I feel terrible! However, I also feel that I earned my PTO - including covering for two colleagues maternity leaves, working on average well over 40+ hours per week, etc.
Taking emotion out - when I became employed, it was my understanding that we "shook hands." I work, my company pays me for that work, per our contract.
All in all, I am looking for some advice. Is my company legally obligated to either:
Approve my time off
OR
If they do not approve, write me a check for the time I will not get to take off?
Help!! :) Thank you so much in advance for any and all help/advice.
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6 Comments
6 Comments
Anonymous
11/12/20 at 7:35PM UTC
I was at a company that did something similar. I do not know MN laws. What I did was to go to my manager and HR and explain the work load this would flood the staff with. We came up with an agreement of creating this as comp time and I GOT IT IN WRITING...when I left they did pay for that time. Not sure if that would work..
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1 Reply
Anonymous
11/12/20 at 7:39PM UTC
Awesome - thank you! That's very similar to what I was thinking as well. Absolutely, need to get it in writing!!
Reply
DarrylLee VanOudenhove
11
Database Administrator/CRM Specialist/Feminist
11/12/20 at 9:27PM UTC
Did you accrue these 71 PTO hours based on how many hours you worked? If yes, I would request a meeting with your company's HR manager as well as your company's lawyer. MN is contract-based (as opposed to having a broad state-issued law/policy), so if you have a current company policy that states you will be paid out if you can't use accrued time off - they probably will have to pay you or let you take all the time you accrued.
1 Reply
Anonymous
11/12/20 at 9:52PM UTC
Yes! All hours (including the 80 intended to roll-over) were accrued based on hours worked. I will absolutely request a meeting with the company lawyer, HR, and my supervisor. I will also look into the contract again to review any verbiage regarding accrued time off. Thank you!
I think many companies are moving toward such a plan. My former company did the same and announced it Sept. 1, just as we were approaching our busy season. That said, I would talk with HR to explain your situation and ask that an exception be granted (either extend the expiration of your PTO for 3-6 months, or allow a portion of the accrued PTO to be carried into 2021). Given your team's staffing situation, which essentially prevented you from taking any time off during the 2020 fiscal year, this seems like a reasonable compromise.
Good luck with the negotiations!
1 Reply
Anonymous
11/12/20 at 9:53PM UTC
Thank you so much Maggie! Appreciate the advice and knowledge.
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