West Palm Beach, FL asked in Employment Law for Florida

Q: I quit my job and forfeited 140 hours PTO. Looking to get reinstated, can I get my time back?

The company had made a policy regarding PTO. They do no pay it out if you leave or you’re fired. I had left (five weeks ago now) for what I thought was a better job opportunity, however it is not and I am looking to get reinstated by my former employer. There’s nothing in their policies about if you’re reinstated and your former PTO hours.

I do know that in the past, when you’re reinstated, you’re treated as though you never left.. date of first hire remains the same, health insurance kicks in the day of, PTO accrues at the same rate, etc.

Would I be eligible to receive my PTO I had previously accrued back???

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Experienced lawyer speaking:

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls.

Therefore, I am tightly constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

The only way you can be 100% sure what is going to happen in the future is to wait to see what happens.

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