West Jordan, UT asked in Employment Law for Utah

Q: Can I fight to get my PTO back from my company if I was never informed that it didn’t rollover to the next year?

I had 52 hours saved up and was just informed that it is “use it or lose it”. That’s quite a bit of money I missed out on because my manger and and HR never explained the policy to me.

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said anything about the PTO policy. If it referenced the employee handbook or an alternative document and that alternative document had the policy in there, then you I am afraid that you don't have much of a case. As long as you had notice that there was a policy out there and that you could have accessed it if you wanted to, then it is your responsibility to educate yourself and not theirs to educate you. If you had tried to get he policy and they never gave it to you or purposely mislead you, then that would be a different story, but just because they didn't explain it to you doesn't give you a cause of action.

I hope this helps even though it may not be what you wanted to hear.


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