Can my employer take PTO hours away to make a 40 hour work week, even though I was only scheduled to work 36 hours?

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Can my employer take PTO hours away to make a 40 hour work week, even though I was only scheduled to work 36 hours?

Asked on May 5, 2012 under Employment Labor Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not your employer can eliminate your personal time off hours (PTO) depends upon numerous factors. First, are those PTO hours earned or something that your employer gives his or her employee as an option within the employer-employee manual?

If your hours for PTO are not earned but are discretionary hours to be taken by the employee, then the employer can most likely eliminate them. The key is what does your employer-employee manual state and are those PTO hours earned (vested) or not? I suggest that you carefully read your employer-employee manual.


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