PTO accrual payout California California California

[wa2srf]

What are my rights for accrued PTO upon resigning?I plan on resigning my current position. I have 220 PTO hours accrued. As a California employee can I request a payout for all PTO accured?

[Pattymd]

The law is that the employer is required to pay out all earned PTO with your final check. If you give at least 72 hours notice, that final check is due you on your last day of work.

[wa2srf]

Thank you. The employee handbook from my employer states that upon voluntary termination (resignation) all accrued PTO is forfeited. Where in the CA Labor Laws can I reference my HR department for clarification?

[Pattymd]

That policy is not allowed by California law. See Section 227.3 here:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

[wa2srf]

Your prompt reply and exact information is greatly appreciated.

[Pattymd]

You're very welcome. I'd be surprised if they haven't had claims for this issue in the past. Good luck.

Just as an aside, I've often had employees tell me in my position that "there's a law that says" whatever. My response is "please bring me a copy of that law or a link to it and I'd be more than happy to review it." No one has ever been able to do so. In this case, you've got it from the word GO.