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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12647
Experience:  Significant experience in all areas of employment law.
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I'm listed as a part time worker, but I have been working full

Customer Question

I'm listed as a part time worker, but I have been working full time. Are personal time like sick and vacation are calculated on the hour worked in the year. The company will only say I'm only getting 32 hours, which is half time. This what they did last year and the in October is when they pay unused time they paid me for 28 unused hours. My problem is not knowing what I can use.
The other part of this is we are allowed to take extra ragular day of during the week because we are part time. In the last week I had to get my hours adjust for family reasons, in this time I had to call off on two day because my grand was sick and I' m taking care of him for two weeks. I called before my shift and asked both times to use RDO , I was told no we will put them as leave with out pay, this opens me up for disaplanary action.
Two in the past other employes have called in and used RDO's. Also if I have time on the books which they will not tell me, I should be able to use them just by calling off.
What recourse do I have? Because they said Monday we will talk about this problem. There is no problem I hardly every call off and when I do take time off I ask for it in advance.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
The law actually provides very limited guidance in these circumstances. The reason is because no law requires employers to provide any paid time off at all. Since employers aren't required to provide paid time off, the law affords employers virtually unlimited freedom to determine how and at what rate such time will be earned, and when it can be used. Employers have no obligation to treat all employees the same with regard to paid time off accrual and usage, provided they are not treating employees differently on the basis of a legally protected trait, such as race or religion.
Since the law probably will not be of much help to you here unless you have reason to believe you are being discriminated against on the basis of a legally protected trait such as race or religion, your best recourse is to reason with your employer and explain why their stance on paid time off is unfair to you. But beyond attempting to persuade your employer to change how they are acting, there is very little more than you can do under the circumstances you describe.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.