Pto Snow Day Policy

[Chung-Ho]

My workplace(in PA) is only 6 ee's and is a division of a TN company with approximately 50 ee's. On 2/10, 4 ee's came to work as normally scheduled, in the face of the largest snow storm in about a decade in our part of the state. The GM at our location e-mailed us to notify us he and the sales manager would not be coming in due to the weather, and were both taking a PTO day. He also gave us our own discretion on when to leave early if the storm intensified, as it was expected to do and to let him know prior to leaving for he day. As expected the storm did strengthen to near-blizzard conditions and the 4 hourly ee's chose to leave by 11:00AM, after learning that the township we work in was officially closing every road; that we were under an official snow emergency and the Governor was ordering the major interstates, state routes and many other roads closed by 12PM. On 2/11, we were notified that we would be charged 4 hrs. PTO becasue we left early. We have no policy manual in place, never signed off on any policy, and after being presented with a copy of the policy, the second to last paragraph clearly points out that the policy only applies to UNOFFICIAL weather related issues. By its design, the policy was intended to help penalize absenteeism, but by its misapplication, also penalizes those who do make it to work. I chose to give the company my cash and not my PTO time. After 3 of us sent e-mails concerning this, we were called by the President to tell us how disappointed he was that we weren't team players, we had created a devisive work environment and he was going to be sending us personal checks to offset the loss of income; and that he would "deal with me/us" when he vistited our location sometime soon. There are additional short comings in our pay plan, as well as some very skewed interpretations on overtime, commissions and other comp. I will not cash his personal check, as a matter of principal, and my integrity is not for sale. Is the company and group large enough to hit the radar screen at DOL, or is it more of an issue at the state level? The president is typical of so many ego-maniacs in leadership roles; he's always right, and we are always wrong. However, if we are wrong, then why is he willing to write a personal check? We have obviously hit a nerve, and likely wants to sweep this under the nearest rug...quickly.

Am I wrong in thinking that by the policy specifying use of PTO time in the event of unofficial snow days, that then there is a distinction when it comes to OFFICIAL weather events? Would like to know if our claim to 4 hours compensation has merit and basis in fact. I look forward to your response.

ANSWER: Marc:

Thanks for the question.  I am also in PA and know the storm you're talking about.  We're in for another one tonight here in the Northeast.

In Pennsylvania, the law only requires non-exempt(hourly paid) employees to be paid for hours they actually work and they're paid overtime for hours worked over 40 in a week.  

Next, consider that an employee manual is NOT a contract for employment and therefore, even if every situation from A to Z was covered, the employer is always able to change the application or interpretation of policy from "official" to "unofficial",  etc...    You say there is no complete employee manual -  jut a few scattered policies.      This should be remedied and policies should be consolidated into a complete employee manual- to benefit the employee and the company.  This would improve communication, especially at times like this.  It isn't until times like now that both the employees and the company wish they had a comprehensive manual to explain the policies and exceptions.  How much frustration, time and energy went into this issue ?  A lot I'm sure.

Next, there are no PA or federal wage and hour laws that pertain  "how to" pay PTO, vacation ,etc. other than the company should follow their own written policy.    If your employer has no written policy for what happens regarding whether PTO is paid out or not in a weather related situation then it is all left to the interpretation of the employer;  or attorneys-  if it goes that far.     In my opinion,  it would be a losing battle for the employee to even broach the subject.   Sure,  you can call an attorney or the Department of Labor, to vent and report a wage claim, but you do not have one in my opinion.     The wages the employer paid you were at the discretion of the employer and were in excess of the hours you worked that day.         If you were docked pay for leaving early, that would be another discussion....      

In your case,  if I understand correctly, it seems the hourly employees worked for 4 hours, then went home due to bad weather conditions.    The GM didn't come in at all and had to take 8 hours PTO for himself...   that's fine...     Your issue seems to reside in the fact the employees went home early, then were "charged"  4 hours PTO because they felt they were being forced to use up PTO they preferred to save for another time.       In this case, I wouldn't  necessarily agree or disagree with the employer's classifying this use of PTO in the same way as handling a guy who goes home sick or had a half day scheduled before leaving for vacation on a Friday at 12 noon.   It seems the boss paid out PTO using the same idea that it was somehow similar to a "paid absence" or "voluntary leaving work" for 4 hours.    Sure, it could be....      Of course, the employer could also have a weather policy to give hourly employees the option, in emergency weather situations,  to either get paid PTO,  or just get paid for the 4 hours and keep PTO for later.  Surely, this situation doesn't happen every day.     Either way the policy goes, it is up to the employer to settle on one approach then put the policy into writing.    In the end, I understand your perspective in that you place a higher value on the freedom to select your own PTO day than the cash resulting from the paid PTO.

So, to recap, as far as any wage and hour claims,  you have none.   As far as the president sending you and the others a check for  "your time", I'm not sure why he would take that approach.  Maybe he is just sending a check to show you the "cash" amount is insignificant to him and he's returning it to you with the check.   Ask if he is also giving back the PTO time in addition to the cash.    His payment of the money has noting to do with avoiding anything "legal".   As far as commissions and overtime,  of course, I can't comment on that-  no information provided.

Maybe after this,  you can ask the employer to get a plain vanilla policy manual put together- for the benefit of everyone.     If you have other questions,  just follow up here or send a new one.

Brian Phillips

HR Consultant

Human Resource Serviceshttp://www.harvis.org

---------- FOLLOW-UP ----------

Brian: Thanks for the quick response. You are correct that much time has been spent, and alot of ill-will created, but this employer has a history of this kind of knee-jerk reaction. Policies, if they exist, are misapplied ona  frequent basis. I have yet to see a complete manual, nor have I ever signed-off(as I was told I had) on ever receiving or reading one. They have yet to produce my legal signature on anything in this matter. There are other pay issues at work here...clear violations of the overtime rules, as we are an interstate company for the purposes of FSLA, but they have conveniently built what they consider to be ways around them. I chose to not burn the PTO time, in lieu of losing the pay for the time, as a matter of course. If the money is that important to them, then I'll gladly elet them have it back. 4 hours will not have an impact on my lifestyle, but it seems to matter to the president who is a multi-millionaire(not germane, but I feel better saying it). So if I read your response correctly, the company can have a policy spelling out "unofficial weather events", but once we have an "offical weather event", they can re-interpret the meaning to their advantage after the fact? This is the first time in 25 years of employment that I have ever experienced this level of stupidity, and yes I really don't care about the consequences...I felt the need to speak out loudly that it clearly is the wrong thing to do, for all the wrong reasons.

[Meng]

Marc,

I agree in general about why you are upset.   To many employees, that PTO is more valuable than cash.  It is sanity and a much needed time away from work to clear the head.

As a small business owner myself,  I know there are great small places to work out there.  However, just as each person has their own personality, so does each small business.  Some are just better than others.   Some small business owners give and give and I see them getting taken advantage of by employees who seem to get the owner over a barrel.   Other times,  we see a case like yours when employees just want a fair and reasonable policy to be implemented across the board- without problems being created or perpetuated.

Your employer may have poorly assembled policy and management may constantly flip / flop on how to implement it.  This has already created confusion and anger and uncertainty however it's not illegal.    It is just ill advised and not the best way to ensure future success for the business or job satisfaction by employees.   I'm sure they don't get the best the employees have to give, right ?? I hope it all works out over time.    Just keep a cool head when writing any more letters.... Write it, then save it,  then go back the next day and read it once before sending it.   You may be surprised at what you almost sent...   Even if the boss is difficult,  keep your integrity.  The way you carried yourself here seems like you are well spoken and capable of a high level of emotional intelligence;  ie,  knowing when to talk and what not to say.     

Regards

Brian Phillips

HR Consultanthttp://www.harvis.org