Visitor Question

Does Paid Time Off Count as Part of My Settlement?

Submitted By: Carole (Bath, PA)

I fell over an empty pallet in a grocery store and broke my wrist. I was out of work for 29 working days. The grocery store’s insurance company only wants to pay me for 20 days of lost wages. The reason I had to use up 4 sick days, 2 personal days and 3 vacation days was to keep my insurance.

Can they count my PTO (Paid Time Off) as wages and not pay for lost wages? It seems like they should pay for these. How can I get them to pay for the PTO days I had to use while recovering?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Carole,

The store’s policy of work and sick days is probably written either in a manual or in some other form of document. Get a hold of the manual and read it. The “PTO” information will be contained in the manual.

If there is an employee steward or employee representative, consult with her. She should be able to either provide representation for you, or be able to advise you whether the store is wrong, or you are.

With that information in hand you can either confront the store’s management or decide not to.

Unless you have a written contract of employment your taking on the store could result in jeopardizing your employment. The store may have a right to terminate your employment if they believe it will be in their best interests.

Take all matters into consideration before you decide to take any legal action. Once you take on the store you should be prepared for a difficult, and probably frustrating time.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 31, 2012

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