Delray Beach, FL asked in Employment Law for Florida

Q: Am I entitled to renewed PTO on my work anniversary date if I am under furlough and use it during furlough?

My employer is a hospitality corporation that put everybody on furlough until further notice due to covid-19. I am an hourly employee in Florida. The corporation paid out all of available PTO prior to April but my anniversary was on April 11 and I should have had the number of PTO Days renewed. Am I entitled to have the renewed PTO paid out too?

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: If you have a written employment contract that does what you say you want, then yes. However, unless there is a written contract you are out of luck; why? Because Florida law does not butt into the private employment details between any employer and their employees. Talk to HR.

Jay P. Lechner
PREMIUM
Jay P. Lechner
Answered
  • Tampa, FL
  • Licensed in Florida

A: If the company has less than 500 employees, you may have a case based upon the company's interference with your paid leave rights under the CARES Act. Contact a qualified employment attorney.

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