Using your Paid-Time-Off (PTO) and Vacation Days.
If your employer provides paid-time-off (vacation days) but has unfair use-it-or-lose-it policies, unreasonable caps of the number of vacation days you can accrue, is unreasonable in allowing you to schedule or use your vacation days call 888-762-0297 to discuss your case.
We do not charge for initial consultations.
We can help clients in Los Angeles and throughout all of California who have concerns about being denied their paid-time-off.
Definition of Paid-Time-Off
Paid time off, also known as PTO, is an employer-provided benefit that allows employees to receive regular pay even when they take time off work for a specific number of days. Employers are not required to provide paid time off under the Fair Labor Standards Act (FLSA). California law also does not require employers to offer PTO to employees.
Paid-Time-Off - California laws
While paid time off or paid vacation days are not required under California law, employers must follow specific regulations when they choose to provide PTO to their employees. If an employer provides paid time off as part of their company policy, their employees have a right to the accrued PTO and have a right to be paid for unused vacation time when they leave the company.
If a California employer fails to reimburse their employee for accrued PTO or vacation time, the employee may be entitled to compensation by pursuing a lawsuit against the employer. Under California law, paid time off is not the same thing as paid sick leave.
Is PTO the same as Sick Leave in California?
A large percentage of companies in California combine vacation and sick leave into the so-called “paid time off.” In addition, some employers include holidays in PTO. Unlike sick leave, paid time off is considered a wage. Thus, employers are not legally required to pay their employees for accrued sick leave upon termination of employment.
While paid sick leave is a standalone policy that allows employees to take time off for the treatment of an existing health condition, a PTO policy combines various types of leave provided to an employee, including vacation and sick, among others.
Can an employer deny Paid-Time-Off?
When an employer offers paid time off, it should be treated like the employee’s earned wages. If an employee earns their PTO or vacation time, their employer cannot deny the benefit. In addition, vacation time or paid time off cannot expire in California, which is why an employer cannot deny PTO by saying that it “expired.” However, an employer may require their employees to use accrued vacation time or take time off to prevent employees from accruing too much PTO.