I am currently unemployed because of the COVID-19 virus. I requested that I use my vacation time on my next check. I was told that I can't as that account has been frozen. Can they do that?
The use of PTO and Vacation time in Minnesota his generally governed by company policies and procedures. However, it is unclear how you would be able to use that time on "my next check" if you are unemployed.
The Minnesota Supreme Court addressed the question of PTO use [in Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. 2007)]. The court held that under Minnesota law, vacation or paid time off (PTO) is “wholly contractual.” As a result, employers are permitted to set conditions that employees must meet in order to exercise their right to PTO. As a result, an employer may limit the circumstances under which a terminated employee receives payment for unused PTO or vacation time.
