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PTO Required to take all at once...? California

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  • PTO Required to take all at once...? California

    We recently changed over to PTO from Vacation/Sick Days. Can they have a policy that you have to "take your PTO all at once".

    That would seem contradictory to the change and defeat the purpose right?

  • #2
    There are maybe two different sets of laws involved.
    - For federal law only (FLSA), per the 29 CFR 541.602 regulation, the company's sick pay plan must be "bona fide". Federal DOL has been less then clear about just what that means. You are not making a bad argument, but it is an argument that to my knowledge federal DOL has never actually commented on. You could try asking them.
    - For state law, you are out of luck. CA has spoken and they do not agree with you. Look at questions 6 and 8.

    The other problem is that the feds care about sick pay but do not care even a little bit about vacation. CA cares about vacation, but only cares about sick pay to the extent it gets tied up into the PTO plan. Under CA law, vacation is legally vested and sick pay is not. While employees may think that this is all the same issue, legally it is not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      THanks for the federal link. I think I found what our problem is. There is nothing defined for PTO in regards to how we can use it. For instance going to get my car fixed probably wouldn't be something they would want to pay for as opposed to me being sick for a day. However it isn't defined in our contracts. So we probably need to hash that out. As it stands now, and as most of us believed we could use it for whatever "personal" reason we saw fit.

      It just seemed odd to take away sick days, say we have PTO and treat exactly like a week of Vacation.


      • #4
        If you are salaried exempt and take a partial day off, however, you must be paid for the entire day (unless the absence is intermittent FMLA leave), although PTO may be decremented by the missed hours.
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