Taking Pay from another paycheck for time off

[Newrenter101]

I took some time off in October, but I hadn't earned any vacation or personal time yet so it was just unpaid time off. I put in the request and it was accepted. They never deducted my pay and I didnt notice, now they instructed me to resubmit a request for the october time off using the personal hours I've earned. They wont be enough to cover so I'll still have additional unpaid time taken from my next paycheck. Is there any legal issues here? Forgetting to deduct my pay, then deducting it 3 months later and making me use my personal hours that I earned after I took time off? I'm in utah

 

[justalayman]

Of course you didn't notice they paid you when they shouldn't have. Nobody pays attention to their pay, right?

You owe them the money. They can do what they are which is allow you to use PTO so you aren't short money or you can simply pay them back what you owe them.


What would you have them do? Just let you keep the unearned money?

you can try that. Of course they could terminate you and still sue you for
the money you owe them. Is that a better solution for you?

 

[cbg]

In what state is this?

I MAY have a slightly different take on it which in part depends on state law.

 

[Zigner]

In what state is this?

I MAY have a slightly different take on it which in part depends on state law.

Utah - last sentence of the OP.

 

[cbg]

I agree with j/k about the PTO. I think they're making it harder administratively than it needs to be, but there's nothing illegal about it and I don't know what their record system looks like.

I agree with j/k about the unpaid time, too, with one qualifier; it is legal UNLESS the balance you are left with comes to less than hours worked times minimum wage, and as long as any overtime is left intact. It's okay in most states to mess around with PTO, but Federal law would not permit you to be paid for fewer hours than you actually worked. The Feds don't care about anything but minimum wage and overtime, but you have to get them clear.

That doesn't mean they couldn't stretch it out over two paychecks, or more, to make everything balance; just that the unpaid time can't take you below the minimum.

 

[Newrenter101]

Justalayman: Are you this charming in person?

Thanks everyone for the replies. The issue isn't the money, it's the PTO. We earn PTO by hours worked, and they made me use my PTO earned from october-present to make up for this. I'd rather have the PTO so I'm not fired when I have to call in sick or for an emergency.

 

[justalayman]

Justalayman: Are you this charming in person?

Thanks everyone for the replies. The issue isn't the money, it's the PTO. We earn PTO by hours worked, and they made me use my PTO earned from october-present to make up for this. I'd rather have the PTO so I'm not fired when I have to call in sick or for an emergency.

Yes.

Have you simply offered to repay them, like with cash...now? I cant see a benefit for
Them either way as they will reclaim their money either way.

 

[cbg]

Sorry, but they absolutely can make you use the PTO in this way. There's only one state where what they're doing with the PTO might be questionable, and unfortunately it's not yours.