Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

)

The HR rep today stated that there was a policy change in 2016. She states we all signed forms that we understood the information. I never signed such a form. I would definitely remember that. My immediate manager (who was also laid off) did discuss it with the HR rep who is standing firm about "company policy".
If I call out the rest of the week, I could put my severance package in jeopardy.

This is giving me such a headache.

I will look into those links someone helpfully posted later today.
Thanks for all the feedback.

Ask them to send you what you signed. It was probably a handbook amendment. Then call MD's Wage and Hour office. They will assist you for free if you are owed the PTO.

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

It's absolutely not true in VA. PTO is consisdered a benefit in VA, not wages. PTO does not have to be paid out. In DC PTO must be paid out unless there is a policy stating otherwise. I believe the employer also has to prove the employee knew (e.g. It's in their offer letter, yearly email, in the handbook and employee signed an acknowledgement, etc.).

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

)

The HR rep today stated that there was a policy change in 2016. She states we all signed forms that we understood the information. I never signed such a form. I would definitely remember that. My immediate manager (who was also laid off) did discuss it with the HR rep who is standing firm about "company policy".
If I call out the rest of the week, I could put my severance package in jeopardy.

This is giving me such a headache.

I will look into those links someone helpfully posted later today.
Thanks for all the feedback.

Anonymous wrote:Also,
https://www.dllr.state.md.us/labor/wagepay/wppayonterm.shtml#vp

Thank-you for this!

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

Also,
https://www.dllr.state.md.us/labor/wagepay/wppayonterm.shtml#vp

Anonymous wrote:

Anonymous wrote:Can you get your severance and then pursue the PTO?

Good idea. The severance will be paid out every other week though, not in a lump sum. Unless I consult an attorney, I don't know how I would do that. We're talking ~$2000 worth of PTO more or less. The attorney fee would probably eat the whole amount anyway.

I don't think you need an attorney to file a claim. Do you have anything in writing about your company's policy on paying out unused time off?

https://www.dllr.state.md.us/labor/wagepay/wpwageissues.shtml#fileclaim

If you are employed until Friday, can you just stop going to work now and get the PTO? I know it's not as good as having the $$$, but clearly there is no need to be loyal now...

Anonymous wrote:Can you get your severance and then pursue the PTO?

Good idea. The severance will be paid out every other week though, not in a lump sum. Unless I consult an attorney, I don't know how I would do that. We're talking ~$2000 worth of PTO more or less. The attorney fee would probably eat the whole amount anyway.

Can you get your severance and then pursue the PTO?

Thanks I am in Maryland.

I sent the HR rep an email just to confirm that the information she gave me last week was incorrect. She basically said "unfortunately the communication document was incorrect'

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

+1. What state are you in OP?

Do you have the email address of the HR rep you spoke to?

It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I was laid off effective end of this week and should receive a fairly generous severance package. In my meeting with the HR representative, I asked if I would receive the PTO which I have accrued and not yet used. She explicitly responded yes, that I would be paid out my PTO.

Today we received an email that company policy changed in 2016 and we are not eligible to receive our PTO. Do I have any recourse in this situation? I do not want to jeopardize my severance.

Very upset that the HR person must be totally incompetent to give out false information like that.

Thanks in advance.