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HELP! Exempt employee rights with NO PTO policy California

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  • hr for me
    replied
    If you do not work and your employer does not have a PTO policy that banks PTO time and has a policy not to pay out time taken on a vacation during your last 2 weeks "at work", I don't see where you have any recourse. There are no earned wages to dock. So it's more of the fact that you didn't work any in a full pay week for personal reasons which is a legal reason to dock...as is the first or last week of your employment.

    Generally checking email, etc while on vacation is considered work in CA. Your employer doesn't have to allow you to do that work, but if you do (not just expected), you would have a case to be paid. But you better be able to prove that you did actual "work". That is, actually respond to voicemails, emails, etc. If they have a policy that you should not take a laptop on vacation and do no work while out, then you also have to consider that.

    In the end feelings about what should happen unfortunately don't really matter. It's what actually happens that matters.

    personally I would give the notice, but that's just the type of person I am. I believe it is a small world and that you never know who you will run into at another job someday. Or if you will need a good reference if the next job doesn't work out.

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  • HELP! Exempt employee rights with NO PTO policy California

    I currently work as an exempt employee for an employer who has no bona fide PTO policy.

    I recently accepted a job offer and the start date is at the end of this month (August 30). I have a two week vacation scheduled that leads up to the start date at my new job.

    I've had this vacation on the book for over 6 months and have been at the company for going on 2 years and have taken almost no time off. I feel I have earned this vacation and it should be paid to me.

    However, because of the lack of PTO policy I know that I will not get paid if I give notice before taking my vacation.

    Based on what I've read, my employer can also dock my wages if I quit after vacation (before receiving my paycheck on August 31).

    My question is: If my employer provides me a company laptop with the expectation that I will do some work (check emails/approve expense reports) while on vacation, do they still have to pay me for my vacation if I quit when I get back?

    It's a really tough situation to be in. I haven't been treated well at this company and would like to get paid for a vacation I feel I've earned. Thanks
    Last edited by SDSurfer; 08-02-2017, 10:20 AM.
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