Used PTO on 12/24/2019(use it or loose it).Check date was 1/2/2020, so they took that PTO time from my 2020 PTO.

Question

We are given 6 sick/PTO days front loaded every year. I took xmas eve off. I just found out those 8hours were taken out of my 2020 Sick/PTO pool. When I asked why, they told me because the check date was 1/2/2020, Even though the actual date taken was 12/24/19 and the pay through date was 12/29/2019.  Can they do that? They also started to take our 2020 Benefit Elections amounts($$) from this check. When I questioned this, I was given the same answer. The check date is 1/2/2020. I am barely finding out all this now, as they do not put our vacation or PTO hours used or accrued on our paychecks. There is no where for us to see our hours at all. I was told to keep track on my own when I got hired last year. Now its an issue, and my word against theirs.  Please advise. Thank you,

Maurice Mandel II · Answer

Actually, it is not a case of your word against theirs, you have the documentation showing when you took the leave and which year's account it should be deducted from.  If you cannot get satisfaction through your HR department (expect them to be difficult but they may eventually recognize their error) you can file a complaint with the US Department of Labor for an ERISA violation.  Your employer's argument does not make sense.  If the check was issued to you on 12/29, the time off came from 2019 but if it was issued to you on 1/2 the time off comes from the 2020 pool and you just lose the 2019 hours?  This makes no sense and it is basic HR double talk.  
If you cannot straighten out with HR, contact a local employment attorney dealing with employee benefits. 
Justia disclaimers below, incorporated herein.

Neil Pedersen · Answer

It is unlawful for an employer to have a use it or lose it policy for vacation pay.  It is not unlawful, however, to take away remaining pooled sick leave at the end of a year and then re-issue a defined amount at the beginning of the next.  Therefore is important to know if what you are calling PTO includes vacation time, or only sick leave.  If the pool includes both kinds of leave, then the vacation pay rules apply. 
 
If your company is violating the law related to vacation pay, it would be wise for you to seek out a specific legal consultation.  If this is a company-wide systemic violation of the law, there may be some kind of collective action that can be taken to not only stop the illegal conduct, but also to recover money taken from employees at the end of each year, reaching back four years.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
   
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. 
   
Good luck to you.

Q: Used PTO on 12/24/2019(use it or loose it).Check date was 1/2/2020, so they took that PTO time from my 2020 PTO.