Overview: Employers often voluntarily offer different forms of paid time off (PTO) as an employee benefit. PTO benefits are meant to improve recruiting, retention and employee loyalty. Employers offer many different types of PTO, including vacation days, personal days, sick days and holidays. Instead of providing separate vacation, personal and sick days, some employers use a PTO bank, which does not differentiate between types of time off.
Employers should clearly define the way that PTO is earned and when it can be used. A written and published policy will help manage employee expectations and allow the business to properly staff all areas of the organization. It is also advisable for an employer to have a written and published policy for defending against potential lawsuits or for evidence in disciplinary proceedings. PTO policies should take into consideration state laws on "use it or lose it" policies and termination pay.
Trends: Unlimited vacation is a benefits trends that has become increasingly popular. Vacation is considered "unlimited" when an employer eliminates caps on vacation time, and presumably, employees can take as much time off as they want as long as they are getting their work done.
Author: Jessica Webb-Ayer, JD, Legal Editor
Updated to reflect forthcoming voting protection amendments.
Updated to reflect paid sick leave-related notice requirements in the forthcoming Minneapolis Wage Theft Prevention Ordinance.
Updated to reflect changes to Colorado's Wage Protection Act Rules.
XpertHR has added a new 50-State chart that helps employers understand whether their jurisdiction allows caps on vacation/PTO accrual and allows use-it-or-lose-it policies.
The DOL intends to clarify that the cost of providing wellness programs, onsite specialist treatment, exercise opportunities, employee discounts on retail goods and services, and certain tuition benefits may be excluded from an employee's regular rate of pay.
Updated to reflect proposed regulations that would update and revise the Fair Labor Standards Act (FLSA) overtime exemption requirements.
Updated guidance to reflect additional information regarding payment of vacation benefits upon termination.
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Information, resources and tools on Paid Time Off Benefits.