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PTO Hours California

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  • PTO Hours California

    Iam a Salaried Employee and work as a OPerations Manager. I called in sick for few days and when my timecard was due I told my HR office that I will use LEAVE WITHOUT PAY and NOT PTO HOURS. They advised me I cannot do that and have to use my PTO hours. Is it legal for them to do that?

  • #2
    Yes, they can. In fact, depending on the exact circumstances, they may legally be required to.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Agreed the action is legal. Past that, "salaried" by itself does not mean much. Exempt Salaried employees work under one set of federal rules (29 CFR 541.602), and Non-Exempt Salaried (mostly) work under the 29 CFR 778.113 rules. The Exempt Salaried employees have certain legal restrictions on having their salaries docked (even if requested by the employee), but no legal restrictions on having their PTO balances reduced in response to base hours not worked. The docking rules associated with Exempt Salaried employees are pretty much a legal "third rail" that no sane employer messes with, no matter what the employee requests.

      The rules for Non-Exempt Salaried are (mostly) not so strict, especially since the more exotic types of Non-Exempt Salaried handling are mostly off the table legally in California.

      While it is not a legal requirement that employers reduce PTO balances when base hours are not worked, the practice is is legal, and I have never worked for an employer that did not do so.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)