PTO variations California

[waw003]

Are there different types of PTO? My HR cited a variation of PTO that does not allow California employees to use the California Labor Law regarding disposition of PTO balances when leaving the company. Are there cases where this is possible? How do I solicit a lawyer to pursue a labor issue?

[Pattymd]

Not to that extent, no. However, we have not read the policy in its entirety, so we don't know what it is purporting. You're nowhere near an attorney yet.

First of all, can you post the policy here?

Second, have you personally been damanged by this "policy"? For example, is your employment terminated and you have not been paid your accrued PTO?

[Megan Ross Hutchins]

Unless your PTO balance is in excess of $5,000, the only way you will be able to get an attorney to take your case would be to pay hourly.

File a complaint with the DLSE when you get your final paycheck, if it doesn't have your PTO.

[waw003]

Thank you

I appreciate the response and input. I submitted my resignation four weeks ago, agreeing to finish the acitivies that were assigned to me and facilitiating a transfer. At the point of my "exit" process the HR representative informed me that the company does not payout PTO regardless of state I worked in. I called his manager and he informed me that there were no exceptions. I have been given a name of the company's legal counsel to submit my compliant or which I have not yet exercised. The number of PTO hours exceeds 140 hours and equates approximately $10,000.

[Pattymd]

You may want to show them this, specifically Section 202:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

[Megan Ross Hutchins]

Here is the code that requires payment of vested PTO (which is a type of vacation pay).

Cal Lab Code § 227.3 (2006)

§ 227.3. Payment for vested vacation time on termination of employment



Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy shall not provide for forfeiture of vested vacation time upon termination. The Labor Commissioner or a designated representative, in the resolution of any dispute with regard to vested vacation time, shall apply the principles of equity and fairness.