Inquiry
“I left my job two months ago and just realized I received one extra paycheck. I called my former employer to return the money—but they claimed I was actually overpaid twice and also said I owe them for PTO I ‘borrowed.’ I only received one paycheck after leaving, and I used those PTO days for family medical leave that was later approved under FMLA. I’m confused, frustrated, and don’t know how to prove what I owe—or don’t owe. What should I do?”
How the411HR Helped
1. Understanding the Timeline
We listened closely to the employee’s concerns and helped them reconstruct the timeline of their separation: date of resignation, final paycheck, the extra deposit they noticed, and the employer’s claim of two overpayments.
2. Clarifying the Law on Overpayments and PTO
We explained that employers do have the right to recover mistaken overpayments—but only if they can prove the overpayment occurred. The employer cannot arbitrarily demand repayment without proper documentation, and they must follow the wage deduction rules in their state.
Regarding the PTO, we discussed how “borrowed” or advanced PTO is typically governed by internal policy—but that approved FMLA leave cannot be retroactively penalized with repayment demands. FMLA time off is protected, even if PTO was used while waiting for the leave to be approved.
3. Empowering the Employee to Ask for Proof
We helped the employee draft a professional, written request to their former employer asking for:
- A payroll ledger showing the alleged two overpayments
- The signed policy that outlines PTO repayment
- Confirmation of the approved FMLA dates
4. Discussing the Employer’s Missed Opportunity
We explained that many companies—if repayment is legitimate—will deduct owed amounts from the final paycheck. If they failed to do that and are now demanding money after the fact, they may be relying on pressure rather than process.
5. Exploring Financial Limitations and Legal Resources
We discussed how to communicate financial hardship if repayment were ultimately required, and connected the employee with low-cost legal resources for further review, should the employer attempt to escalate the issue.
The Outcome
Thanks to the411HR’s guidance, the employee felt confident pushing back. With our help, they submitted a written request for documentation before making any payment—and clearly explained their FMLA approval and financial limitations. The employer later acknowledged only one overpayment (not two) and dropped the PTO demand entirely. The employee now feels protected, informed, and empowered.
