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Question regarding PTO California

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  • Question regarding PTO California

    My company offered both PTO and Vacation time when I started working here 2 years ago. As of last week, I was told that there was no more PTO time and it would now be considered Sick Time. I asked HR about my PTO hours(I have accrued over 70) and they said that it will just be transferred over to the new Sick Time hours. I guess my question is, can they do this? I thought they would have to cash out my PTO and start a new sick time accrual?

    Also, the new sick time policy states that they require a doctors note each time you use sick time, even if you are out for just one day. Is this legal?

    Also, I have not signed the new employee manual, but they want me to, I really would like some answers before giving up 70 hours.

    Local Host, Ca.
    Last edited by local host; 08-28-2008, 06:05 AM.

  • #2
    File a wage claim with CA-DLSE for the 70 hours. It either works or it does not. PTO is legally vested and sick pay is not, so you have a good argument that your employer has illegally forfeited your PTO time. On the other hand, your employer will doubtless tell a different story then you did, make up one maybe, and at the end of the day CA-DLSE cares for no one's opinion but their own.
    CA vacation rules.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      BTW, signing or not signing the manual is pointless. By signing, you are not agreeing to the policies; you are acknowledging that you have received and are aware of them. Failure to sign does NOT mean that the new policies do not apply to you, and an employer can legally fire you for refusing to sign.

      If you are still due this PTO time under state law, you are due it whether you sign or don't sign.
      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.