I’m salaried, exempt, do I have a right to PTO hours or the pay equivalent?

UPDATED: Oct 1, 2022

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I’m salaried, exempt, do I have a right to PTO hours or the pay equivalent?

I am divorced and entitled to alimony. My ex-husband wants to stop all alimony to me. A court date is set for next month but I am unable to fly to the U.S. I can’t afford a lawyer. What should I do?

Asked on July 30, 2018 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no inherent right to paid time off or the monetary equivalent, for either salaried or hourly employees, exempt or non-exempt. You are entitled to whatever PTO this employer has agreed to give you and which you can show you were working for. Basically, even if there is no written agreement,  you have to be able to show at least an oral (unwritten) agreement or understanding, pursuant or according to which you performed work, that you would get a certain amount of PTO. Even if you are entitled to PTO, there is no right to make your employer pay you out for it--you just have the right to use the hours.

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