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Over cap pto hours in Ca

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  • Over cap pto hours in Ca

    I work in Ca. I am considered non-exempt and do get ot.

    The company uses a sytem of pto hours. There is a cap of 288 hours that can be accrued and this is stated in the employee handbook and is legal accroding to Ca law.

    The company uses an electronic time keeping system which keeps track of time and pto hours accrued/used.

    During the course of the past year the running balance of my accrued balance went up and down and ended up at 352 hours. I later found out that the time keeping system was not capable of enforcing the 288 hour cap. To me this running balance means that the hours are accrued.

    Jan 1st of this year the company went to a new electronic time keeping system and put my balance at 288 hours. They said there were 20 or so people who's balances were over 288 and were also reduced.

    My argument is that the running balance shows hours as accrued and according to Ca law explicitly says cannot be taken away.

    Their arguement is that it doesn't matter what the balance shows the cap is still 288 and I'm not entitled to the 64 hours reguardless if one thinks the hours are accrued. Problem being if I had used 64 hours of PTO I would have been carried over at 288. Which means I lost the hours.

    If their arguement is correct then the direct carryover of whatever was in the old system is not correct either and that could affect possibly every employee. The only true way to calculate what should have been carried over would be to go back to the beginning and add and subtract each accrue/use and watch for any over 288 and start subtractions from 288 and not what the over cap amount is each time.

    Would like to know what theory is correct and what to do. The employer is agreeable as long as I can provide proof/documentation of what is right.

    Thanks very much
    Mark

  • #2
    No, it doesn't. Just because the system cannot, or was not programmed to, stop the accrual at 288 hours does not mean that the policy has changed. You are entitled to only what the policy provides for. Now, I agree that the only way to be SURE the balance is correct is to start from the conversion date, and the accruals, subtract the taken, and there you are. However, an error in the system does not convey a right/entitlement on you that you did not otherwise have.
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