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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption