Legal Question in Employment Law in California

When I get fired, quit or laid off from a company, do they have to pay me my PTO, which is 388 hours acured. I am in California

Asked on 7/08/13, 2:33 pm

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Absolutely, yes. If you quit and give at least 72 hours' notice, you are owed your wages and any earned and unused PTO or vacation time on your last day. If you get fired, same thing. If you quit and don't give at least 72 hours' notice, your employer has 72 hours to pay you. If you don't get paid timely, call an employment attorney to help you get the wages owed, including PTO PLUS one day's pay for every day you have to wait - up to 30 days PLUS your employer, per law, "shall" pay your attorney her/his fees.

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Answered on 7/08/13, 2:46 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

It actually depends on how the "PTO" is structured. Some companies lump all paid time off, including vacation into "PTO." If vacation is all or part of "PTO" you have to be paid unused time at terminati0n as Ms. Karila says. Other companies separate true vacation from "PTO," and make "PTO" available only for sick leave, personal appointments, etc. That type of "PTO" is only payable on termination if the employment agreement, employee manual, or other enforceable policy makes it so.

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Answered on 7/08/13, 3:04 pm

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