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CA rules for PTO increments
Benefits & Compensation
CA rules for PTO increments
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Is it true that in CA PTO for exempt employees can only be taken in 4 hours increments?
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Forums » Topic Forums » Benefits & Compensation » CA rules for PTO increments
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CA rules for PTO increments
posted at 3/31/2011 8:46 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
http://www.laboremploymentlawblog.com/cat-vacation-or-pto.html
Home /> Vacation or PTO > December 1, 2009 | Posted By Sheppard Mullin "DLSE Issues Opinion Permitting Employer Deductions of Vacation and/or Sick Leave for Absences of Less Than Four Hours On November 23, 2009, the Chief Counsel of the California Department of Industrial Relations' Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave for exempt employeesâ partial-day absences of less than four hours as long as consistent with the employer's express policies. In addition, the DLSE opined an employer may deduct a combination of vacation leave and sick leave for a partial-day absence..." The article goes on to give examples. And here is a link to the 13 page Opinion Letter: http://www.dir.ca.gov/dlse/opinions/2009-11-23.pdf So no, there is not a law that prohibits it. Employers generally can deduct any missed time from Paid Timeoff/accrued balanecs. The place that usually gets them into trouble is when no PTO exists. Then the employer can only deduct full days for any day the employee did NO work. Of course, CA employment wage law is ever changing and I don't know that they haven't issued another Opinion Letter since this one in 2009. Courts however may decide to interpret it differently than the Opinion Letter. And it is very possible that the company itself could have set this policy. They have every right under current laws to do so. |
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CA rules for PTO increments
posted at 3/31/2011 9:19 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
While the state of CA may allow this could it possibly be in conflict with Federal Law by treating an Exempt as a Non Exempt or is this permissable by Federal statute? I am just not remembering............ its an age thing *U* |
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CA rules for PTO increments
posted at 3/31/2011 10:36 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Definitely ok on the Federal level...all they care about is that the employee was paid for the whole day. Doesn't matter what "bucket" it came from.
here's the foremost DOL opinion letter on the subject : http://www.dol.gov/whd/opinion/FLSA/2005/2005_01_07_7_FLSA_PaidTimeOff.pdf |
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