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Patrick, Esq.
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Our employee handbook states you will receive 5 PTO days after

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Our employee handbook states you will receive 5 PTO days after 90 day employment. Employee left company with two days still on the books. Are we required to pay that out in the final check?

Hello again and thank you for your question.

Yes, PTO is considered a "wage earned," and as such, must be paid immediately upon an employee's termination (Labor Code 201). Failure to pay these PTO days upon termination can result in the imposition of a waiting time penalty in the amount of the employee's daily rate of pay for each day that the PTO goes unpaid for up to 30 days. (Labor Code 203).

Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you

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