boss refusing PDO

[KK1124]

What is the name of your state? North Carolina

Here's my situation. After 3 months probation period, employees earn 2 PDO. I submitted a request to use both days after 6 months. Boss approved days off, but without pay because he knows I'll be quitting soon. The handbook only states that unused days will not be paid at termination. I understand that, but he's refusing to honor them and allow me to use them while I'm still employed.
I'm also told by HR, anyone who's employed less than one year, must pay back all holidays and PDO out of their last check. This "rule" is not in the handbook or anywhere in the building, it's just "something" he can do and supposed to be common knowledge. Is this legal? I've never heard anything like this before. I do know wage benefits such as vacation & PDO is not mandated in NC, purely optional by employers, but seems to me according to NCDOL, once these are promised, the employer must honor them until such changes are made known in writing or posted where all employees can see such rules. Any advice? Thanks.

 

[Beth3]

Your employer is not compelled to honor your request to take paid time off, regardless of whether you're quitting or not.

NC reg's don't compel that an employer pay a departing employee for unused vacation time - it merely requires an employer to comply with their own policy. It also requires that employees be notified in writing of any policy that results in the loss or forfeiture of these wages (vacation time). Since your handbook says unused vacation time will not be paid upon termination, they don't have to do so.

Since there is nothing in writing about having to pay back holidays or vacation time that was taken by the employee, I would challenge their ability to do so. If they take these deductions, contact NC's Department of Labor.

 

[KK1124]

Thanks for the input. I understand unused days won't be paid upon resignation, but my problem is, I earned them and am trying to use them while I'm still an employee. He approved the days off, but won't pay for them. My request for PDO was submitted prior to my resignation. Doesn't seem fair and probably not a legal issue I can dispute and I'm sure he knows that. Would cost more in attorney fees than the check would be to start with.

 

[Beth3]

Just because the handbook says you earned two paid days off does not obligate the company to honor them. It's just that simple. My boss could grant me 10 weeks of vacation time and never approve my requests to schedule any of that time off.

Paid vacation is a voluntary benefit on the part of the employer. They don't actually have to let you take the paid time off if they don't want to.