Legal Question in Employment Law in California

Good afternoon,

I have a question. I recently have returned to work from being on leave. Before I came back I asked my company if I could work part time hours until September and it was agreed. Before returning to work I was a full-time employee and have not been issued a new employment agreement or anything just that I can only work limited hours right now. With that being said, would I have to change my PTO time accrual to part time even though I never changed my status? The handbook doesn’t state anywhere that PTO is based on hours work just full time and part time employees. If you can please help me it would be greatly appreciated or please send me to someone who might be able to.

Regards

Asked on 5/10/13, 1:34 pm

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila
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If the employee handbook states that your employer only provides PTO to full time employees and you aren't working full time, your employer can deny future PTO to you. For any PTO already earned, it is owned by you and your employer can't take it away. Because employers do not have to provide any vacation or PTO, if they choose to do so, it is earned by you based on what the company policy provides. If you are unclear as to whether you are earning PTO as a part time worker whose employment status has not officially been changed to part-time, ask your employer if you can still get PTO if you want an answer.

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5/10/13, 1:46 pm

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