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Legal Responsibility for keeping track of PTO

Discussion in 'Termination: Firing & Resignation' started by GTOufo, Nov 6, 2021.

  1. GTOufo

    GTOufo Law Topic Starter New Member

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    Jurisdiction:
    New York
    I work for a large employer in NY that allows employees to bank vacation hours, sick hours, and comp time hours. Over the years I have accumulated a lot of hours (about 50-60 days worth in vacation + comp time alone).

    The problem is that since about Q1 of 2020, no one in time keeping has been updating the balances. As might might expected, I've taken some vacation and sick time during the course of the year. Things get even more problematic when you consider that normally our vacation and sick balances are supposed to be increased once a month. We get a timesheet to fill out every two weeks and that shows us our PTO balances.

    I plan on resigning by the end of this year or January 2022 and any unused balances, including sick hours, are supposed to be cashed out.

    Can anyone point me to something that makes it the responsibility of the employer to keep track of PTO balances? Would bd great if there was at least some case law that places the burden of keeping track of PTO on the employer.

    I can easily imagine this turning into a bureaucratic nightmare if I need to resolve this when I am no longer part of the organization.

    Thank you in advance for any advice
     
  2. army judge

    army judge Super Moderator

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    The obvious answer is to start this query or discussion with one of the fine people who staff your employer's payroll or human resources department.

    If you pay union dies, asking your union rep might get you the answers you seek.
     
  3. GTOufo

    GTOufo Law Topic Starter New Member

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    I am not a union employee

    So are you saying that there is nothing that I can point to that makes the employer responsible for keeping track of PTO?

    Similarly how they are responsible for taking care of tax withholding and other deductions for W-2 employees
     
  4. army judge

    army judge Super Moderator

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    I said nothing even closely resembling what you THINK you read.

    Again, I refer you to your employer's human resources or payroll departments, perhaps both.
     
  5. cbg

    cbg Super Moderator

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    That's right. We are saying there is nothing you can point to that makes the employer legally responsible for keeping track of PTO.

    There IS a legal responsibility to take care of tax withholdings and other deductions and there is a specific law (or laws, in some states) that address it. However, Federal law has made it absolutely clear that they have no interest at all in how any form of paid time off is handled (a few exceptions that involve sick time and exempt employees only); their position is that paid time off is a matter between employer and employee and nothing to do with them. While state law in NY requires employer to provide most employers with a certain amount of sick time, they do not unconditionally require that it be paid out at termination and there is nothing in the law that dictates who is responsible for keeping track of anything but the sick time.

    Now, all that said, I don't disagree with you in the slightest that an employer SHOULD take responsibility for keeping track of PTO, and I don't have a lot of respect for an organization that fails to do so. However, if you are looking for a law that states, "The employer is the only one who has any responsibility to keep track of how much paid time off any given employee does or does not have", you're not going to find one in NY. Or, for that matter, most other states.
     
    Last edited: Nov 6, 2021
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  6. adjusterjack

    adjusterjack Super Moderator

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    I suggest you reconstruct your own records.

    Self preservation is nobody's business but your own.
     
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  7. flyingron

    flyingron Well-Known Member

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    I ran into this problem myself. Fortunately, even though my checks were direct deposited I had all the paystubs accumulated in my desk. I reconstructed the vacation time due from a few years of old stubs.
     
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  8. adjusterjack

    adjusterjack Super Moderator

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    A good argument for keeping financial and personal records forever. They can be easily scanned contemporaneously and don't take up any space on the hard driver. Make sure there are backups.
     

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