Is it legal for my employer to revoke my earned paid time off?

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Is it legal for my employer to revoke my earned paid time off?

Asked on December 11, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, no: once the time has been earned as part of an employee's compensation, it belongs to him or her; just as the employer can't make the employee give back part of his or her wages or salary for work already done, it can't take back or revoke earned PTO. (Of course, going forward, it can reduce or eliminate the amount of PTO you earn, unless you have employment contract guarantying it.)

However, that's just the general rule. If your employer's clearly stated policy (e.g. in a policy handbook, in memos; etc.) was that PTO may be revoked under certain circumstances, then that policy would be enforceable against you; by working there with knowledge of the policy, you agreed to it.


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