Legal Question in Employment Law in Colorado
I work for a small organization in Colorado.
Our Employee Handbook has what appears to be a very clear definition of our leave benefits - PTO holiday, sick. They are each addressed separately: Holidays - 10 designated/yr and office closed and Reg FTEmp "will receive" 8hrs per holiday; Sick - RegFTEmp 1 day (8hrs) "shall accrue" per month; Paid Time Off: it states specifically "The accrued benefits of a FTEmp are computed by multiplying the number of regular hours of paid time during the pay period by the rate of accrual. No benefits accrue on overtime hours. No benefits accrue on unpaid leaves."
Prior to 2007, our PTO accrual was exact over the course of the year. "Regular paid hours" were construed as all paid time - including all paid time off (holiday, sick, PTO). Since 2007, we do NOT get credit for anything except hours worked, but the language has never changed.
Can our Handbook be construed as a binding contract on our employer even with a disclaimer? When we were hired, the amount of days off earned as a benefit was clear. I appreciate any advice you can give me. I know it's not necessarily easy to answer without seeing the actual document the items in quotes above are direct language from the handbook.
Sincerely,
disgruntled
1 Answer from Attorneys
A handbook could be considered a contract. As you note, without review of the entire handbook and any other relevant policies, this is pure conjecture as to your matter. Contact an attorney and provide them with all relevant documents and facts if you want an accurate answer.
DISCLAIMER�This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.
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