My employer used my PTO without me telling them to. How do I gently talk to them about it?
I work a salary job that comes with 40 hours of PTO a year. I am to work 45-55 hours a week (this range is actually written in the job description) but being in the industry I am in (live events), I sometimes work up to 75 hours with no additional compensation (it's salary, I get it) and have been told that things slow down in the slow season and that it will balance out. Two weeks ago weeks was the start of our slower season, and I worked 34 hours last week and 42 he week prior, but when I looked at my paycheck I se that my employer put me in for 8 hours of PTO.
I expect that I should have this conversation in person, then follow it up with an email recapping what was said during our conversation, but how should I say this to them? I want to remind them that I often work far more than 55 hours a week and it is not fair that I should be expected to do that without additional compensation while at the same time they are going to use my PTO to fill out short weeks.
Linda2019-11-07T15:08:46Z
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Set up a time to meet with your supervisor and do not be gentle about this or do this by email. They are taking advantage of you and they do not think you have the confidence to complain openly. You need to tell them to their face about all the additional hours you work and that they should not be using your paid time off to make up for certain hours when work is slow and if they try to wheedle their way out of it, talk to an attorney.
It's also not legal unless you fall under the rules as an exempt employee. The rules are a bit complex so it will take some study to figure out which rule(s) you fall under. Here is the place to start: https://www.dol.gov › whd › overtime
Unfortunately there's no real legal protection for PTO time for salary employees since it's considered merely a voluntary benefit given by the employer. What they are doing is extremely crappy, but is perfectly legal as long as they never dock your pay for those shorter weeks if your PTO runs out. You need to air your grievances with your manager, but much like asking for a raise if they refuse you don't have much recourse other than finding another job. A way around it would be to use your PTO before they can get a chance to take it, but it's a stupid game. Hopefully they will see you as a valuable employee and do the right thing.
However, unless your contract or employee handbook states that you receive compensatory time off in lieu of pay for hours above and beyond the 55, you're probably out of luck.
If your contract states that you should work 55 hours per week, I suggest you start doing that unless your employer is willing to put the comp-time policy in writing.
But yes, if you're a full-time employee and you take time off, that's what PTO is for, especially if there is not a comp-time policy in place.
Are your hours worked documented in any formal way? Time clock or time sheet? In order to be approved for compensatory time off, you may have to prove how much comp time you've accrued.
Any reasonable employer will understand your point of view and work towards finding a solution. Yours may or may not be reasonable.