Tampa, FL asked in Employment Discrimination for Florida

Q: I was out for over 15 days due to covid 19 -symptoms. Company didn’t give me the 80 hrs paid but force me to used pto

Can the company i work for force us to used our pto . And used all of our pto for being out due to covid 19.

I was sent home from work cause of my symptoms, after being tested the firts time results came back incompleted.

I had to get retested and cleared to come back to work . I got retested and results came back negative.

I was under the impression that i was getting paid the 80hrs since the mention they paying up to 80 hrs to cover the time.

To my surprise the company force me to used all of my pto, and only paid me 26 to complete a total of 80 hrs, and not paid me the extra 3rd week, i was out since i had to get retested i was waiting on my results.

They claim they paying me 80 hrs. But 74 hrs are from my PTO.

I asked why not paid me the 80 hrs that they are giving . And let me used my pto to cover the 3rd week . And i never got a answer from them.

Is this LEGAL ?

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2 Lawyer Answers
Kevin Sanderson
Kevin Sanderson
Answered
  • Employment Law Lawyer
  • Sarasota , FL
  • Licensed in Florida

A: Under the new Families First Coronavirus Response Act, or FFCRA, most employers are required to give you 80 hours or 2 weeks paid under your circumstances. I would ask for this to be applied to that time, to be paid and have your pto restored. If they deny, you can contact the Department of Labor, wage and hour division.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Employment Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if my company" or "why did they do this" or "I thought I had" questions being posted by askers here on Justia.

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