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CA--Two weeks

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  • cbg
    replied
    No wonder so many employers are moving out of California.

    Thanks for the info.

    Leave a comment:


  • mtracy
    replied
    From the DLSE Vacation FAQ (http://www.dir.ca.gov/dlse/FAQ_Vacation.htm)
    Q. My employer has combined its vacation and sick leave plans into one program that it calls "paid time off" (PTO). Under this program I have a certain number of paid days each year that I can take off from work for any purpose. Does this allow my employer to circumvent the law as it relates to vacations?

    A. No, a "paid time off" (PTO) plan or policy does not allow your employer to circumvent the law with respect to vacations. Where an employer replaces its separate arrangements for vacation and sick leave with a program whereby employees are granted a certain number of "paid days off" each year that can be used for any purpose, including vacation and sick leave, the employees have an absolute right to take these days off. Consequently, again applying the principles of equity and fairness, DLSE takes the position that such a program is subject to the same rules as other vacation policies. Thus, for example, the "paid time off" is earned on a day-by-day basis, vested paid time off days cannot be forfeited, the number of earned and accrued paid time off days can be capped, and if an employee has earned and accrued paid time off days that have not been used at the time the employment relationship ends, the employee must be paid for these days.
    Thus, if the day is a PTO or "personal" day, it does not matter whether the person is exempt or not -- she will have an "absolute right" to take the day off. California is very strict about PTO and vacation days.
    Last edited by mtracy; 12-05-2005, 08:54 AM.

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  • cbg
    replied
    I'm looking for where the poster said she is exempt?

    All she says is that she is a full time employee, and if she is working in a store subject to the whims of a store manager, the likelihood is that she is non-exempt. As a non-exempt employee, she has no legal expectation of being paid when she does not work, regardless of whether she has sick or personal days in her time bank or not.

    Leave a comment:


  • mtracy
    replied
    This question poses several problems. First, if it is indeed a sick day, and the sick day is different from a vacation day or general PTO day, then it would be allowed, but you would loose your exempt status (if you even had it in the first place) and the company would owe you for any overtime that you worked.

    If the "sick day" is treated like a PTO or vacation day, then they have to pay you for the day.

    Leave a comment:


  • cbg
    replied
    Yes, it is. Many, many companies do not allow paid time off to be taken by employees who have given their notice and no law compells them to do differently.

    Leave a comment:


  • caligirl23
    started a topic CA--Two weeks

    CA--Two weeks

    I recently put in my two weeks notice at my job. A couple days later, I got sick and called out. I asked to use one of my "sick days" but my store manager denied me my request. He said that because I had given two weeks notice I was not entitled to my "sick time" or my "personal holidays." Now I have been working as a full time employee for this company for six and half years. I feel that I am entitled to that time if I choose to take it as long as I am employed by the company. Is it legal for him to deny me "sick time" or "personal time" if I am still working full time and will not be separated from the company for two weeks?
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