Thread regarding West Corp. layoffs

PTO getting flipped to sick time?

All but 40 hrs of your PTO is getting moved to a "Sick days" bucket.
No doubt so they don't have to pay it out when/if you are fired/leave.

This can't be legal can it? Especially in NE where PTO is deemed to be an earned benefit, like salary.

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Post ID: @OP+11kMoxuz

15 replies (most recent on top)

We got an email that open enrollment would be later this year, since we are moving to calendar year for insurance instead of December start date.

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Post ID: @qdqn+11kMoxuz

What's going on with open enrollment? It was supposed to start October 23rd...

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Post ID: @qlry+11kMoxuz

I have yet to see anything in writing in NE. We have been asking management for months... We keep getting told they are still waiting to hear back.

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Post ID: @nplk+11kMoxuz

Do you have it in writing that it will roll over in NE from HR?

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Post ID: @nvfl+11kMoxuz

A little late to the party, but I actually talked with HR regarding this. In NE, you will be able to roll over all PTO to your Vacation bank. If you reach over your max accrual for the year, you stop accruing until you're under that amount (for me, that amount is 160. So if I roll over 130 hrs PTO while I have 60 hours of vacation time available- as of January 1st I'll have 190 hours in vacation. But I won't get any more vacation time until I reach less than the 160 that is my max.) After this year, you will only be able to roll over your max accrual each year (better than the 40 a year they were doing before!)

Again- this info is only valid for NE employees.

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Post ID: @kiqh+11kMoxuz

Talked with Co-Workers who have PTO and they were advised a decision hasn’t been made yet if they will honor moving remaining PTO into vacation time. I think they will move it all to sick because if they really trying to figure out what they need to do by law vs what is the right thing to do since verbiage is out there saying it all will move to PTO then I bet they won’t. Some have already talked with lawyers!

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Post ID: @dzhz+11kMoxuz

Something is going on with pto/vacation. Some units are closing down pto/vacation for the last 2 weeks of each month for the rest of the year.

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Post ID: @2lcp+11kMoxuz

It appears they are in preparations for a big event at the first part of the year. With all the previous info, let's see what the first quarter brings.

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Post ID: @2hyi+11kMoxuz

The Nebraska Supreme Court has ruled that Nebraska’s Wage Payment and Collection Act requires an employer to pay an employee for his or her earned but unused PTO hours, upon separation of employment. This is true even if there is a provision in the employee manual that the employer will not pay for accrued PTO if the employee is terminated. No such rule applies to sick leave-only policies (Fisher v. PayFlex Systems, USA, Inc. , and Norton v. PayFlex Systems, USA, Inc., 285 Neb. 808 (May 3, 2013)) (consolidated cases).

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Post ID: @1hzg+11kMoxuz

Paid leave, other than earned but unused vacation leave, is not required to be paid out at the time of separation unless the employer and employee, or the employer and a collective bargaining representative, have specifically agreed otherwise.
However, where an employer combines paid vacation leave with other forms of paid leave (e.g., sick leave under a policy providing for paid time off (PTO)), such that there are no restrictions or conditions on an employee’s ability to take PTO (e.g., all PTO could potentially be used for vacation), all PTO must be paid out upon termination (NE Rev. Stat. Sec. 48-1229(4)).

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Post ID: @1wib+11kMoxuz

They purposely changed the name of PTO to "vacation" time to avoid having to pay it out.

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Post ID: @1sau+11kMoxuz

Correction... I’ll take the whole moth of Dec off so it won’t go into sick time!

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Post ID: @xav+11kMoxuz

I was told by Benefits that we can roll over 160 hours into our vacation but we stop accruing vacation at 160 hours. There have been multiple statements either by email announcements or by the Benefits team with conflicting information. Sounds like no decision has been made if they will honor allowing those with PTO hours to be moved into vacation as stated before, moved to sick, or split between the two. My guess since it’s a big deal and they are still determining what they are going to do they won’t honor to have it all moved to vacation so they don’t have to pay it out. I’ll take the whole month of Dec off just so it won’t go to vacation time!

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Post ID: @ngl+11kMoxuz

Nebraska law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. An employer does not need to pay an employee for accrued sick leave upon separation from employment unless required by policy or contract

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Post ID: @wol+11kMoxuz

There is a maximum carry over, varies by state law. I wouldn't trust them to honor anything more than that since they don't have to.

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Post ID: @iba+11kMoxuz

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