California Employment Law

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I have a Salary employee who did not give her two weeks

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Hello-I have a Salary employee...
Hello-I have a Salary employee who did not give her two weeks notice.
Question: Do we have to pay out her accrued PTO and Sick time?
Submitted: 7 months ago.Category: California Employment Law
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Answered in 16 minutes by:
1/3/2018
California Employment Lawyer: legalg, Other replied 7 months ago
legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,872
Experience: General Practitioner. Research Attorney
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Hi! A few minutes please as I review your question so I can provide you with legal information-thanks!

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California Employment Lawyer: legalg, Other replied 7 months ago

What state is this in regards ***** *****?

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Customer reply replied 7 months ago
California
California Employment Lawyer: legalg, Other replied 7 months ago

Thank you; a few minutes please.

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California Employment Lawyer: legalg, Other replied 7 months ago

Under CA law, PTO is an accrued vested interest and that must be paid upon termination. Unused sick days are not entitled to be paid unless there is a company policy that states otherwise.

Do I have the right to cash out my unused sick days, like I can with vacation and paid time off? No, not unless your employer’s policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.

https://www.dir.ca.gov/dlse/Sick_Leave_Law_FAQs.pdf

My employer has combined its vacation and sick leave plans into one program that it calls "paid time off" (PTO). Under this program I have a certain number of paid days each year that I can take off from work for any purpose. Does this allow my employer to circumvent the law as it relates to vacations?

A.

No, a "paid time off" (PTO) plan or policy does not allow your employer to circumvent the law with respect to vacations. Where an employer replaces its separate arrangements for vacation and sick leave with a program whereby employees are granted a certain number of "paid days off" each year that can be used for any purpose, including vacation and sick leave, the employees have an absolute right to take these days off. Consequently, again applying the principles of equity and fairness, DLSE takes the position that such a program is subject to the same rules as other vacation policies. Thus, for example, the "paid time off" is earned on a day-by-day basis, vested paid time off days cannot be forfeited, the number of earned and accrued paid time off days can be capped, and if an employee has earned and accrued paid time off days that have not been used at the time the employment relationship ends, the employee must be paid for these days.

https://www.dir.ca.gov/dlse/faq_vacation.htm

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Customer reply replied 7 months ago
This obtains to a salary employee correct not just hourly?
California Employment Lawyer: legalg, Other replied 7 months ago

Yes, that is correct.

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California Employment Lawyer: legalg, Other replied 7 months ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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