What to do if we gave our employees PTO as an incentive or “payment” to complete an online course but the course was not completed by one of our employees?

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What to do if we gave our employees PTO as an incentive or “payment” to complete an online course but the course was not completed by one of our employees?

It was stipulated in the email that the PTO would be retained if proof of completion of the course was given. We have an employee who has not produced the proof of completion. Can we take the PTO away from that employee?

Asked on November 28, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the agreement was that the employee would only retain the PTO if he or she completed the course, then yes--you may take the PTO away if the employee did not complete the course. In that event, the employee breached the agreement; the breach of an agreement by one party lets the other out of its obligations. In this case, the employee's breach by not completing the course let's the employer out of its obligation to provide PTO.


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