Q: PTO pay out and policy issues
My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO gets huge and we work a lot of hours. They kept $11K of my PTO and when I left my boss had over 900 hours of PTO which he also will never get paid for. I want my money or/and if I had to go by policy then so should everyone else
A:
According to the Alaska Department of Labor,
Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules for disbursing accrued leave. Further, unless the written policy states otherwise, the employee can certainly leave the accrued leave in place until a future date. However, if the employer has no written policy, generally speaking, the department takes the position that the accrued leave has been earned by the employee, and therefore it belongs to the employee. Employers and employees considering the use of PTO should consult their local unemployment office for information on how the existence or use of PTO may affect their unemployment filing.
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