Can they deny a pto request?
I'm working out my 30 day notice to get my pto but want the night off before my orientation. I work nights 7p to 7a. Orientation is that Monday morning. I was told by a coworker my request would be denied since I've put my notice in. Is this legal?? North Carolina.
It's legal. A business is allowed to set caps on PTO usage. Several businesses do so to prevent new employees from taking time off within the first 90 days or so of employment. Conversely, they may limit your ability to take PTO once an intent to resign has been tendered.
There are state specific rules regarding payout of accrued vacation time, but as far as limiting when an employee can and can't use the earned time, that is permissible.
Here is some non-state specific information on PTO policies and the legalities involved:
http://www.nolo.com/legal-encyclopedia/paid-vacation-what-are-rights-33485.html
I am not qualified to provide any type of legal counsel, but my opinion is that if you have the PTO available, you should be able to use it until you no longer work there. I would first take a look at your employee handbook to see if there is any specific language about this situation. If not, I'd see what an employment lawyer has to say about this situation. You shouldn't be expected to work two days in a row, one at your old job and one at your new job. Let us know how it goes, Victoria. We hope you get it figured out before you start your new position!
You’d think the word “request” would be self explanatory.