California Sick Leave

[tus]

Just curious if my company's policy is allowed. I worked part-time for my employer in California for most of last year and part of this year, and I'd accumulated 48 hours of sick leave I hadn't used. I converted to full-time status a few months ago and was told that my sick leave wouldn't carry over. I have been accruing PTO every month since I converted to full-time, but I had to start at 0 as though I were a new hire.

Thanks in advance!

 

[justalayman]

I’m surprised nobody has provided any answers yet.

Although this isn’t my forte, if I undertsnd california’s Laws adequately I don’t think they can revoke earned pto. It’s generslly considered an earned benefit just like your wages.

Hang on for some of the folks with more knowledge on the topic.

 

[cbg]

Sorry, a different part of the department manages our leaves; I haven't administered vacation time in CA since before this law went into effect.

 

[justalayman]

Well, that’s not good. Cbg was one of the folks I figured could offer something.

 

[cbg]

'Fraid not, not this time. Last time I administered any kind of leave myself was back in 2006. Granted, I did have employees in CA at the time, but my employer makes a very definite distinction between HR and Benefits. I'm in Benefits. HR administers leaves of all kinds.

 

[HRZ]

Was your sick leave treated exclusively as sick leave OR was it combined with some overall form of PTO ....

 

[Zigner]

https://www.dir.ca.gov/dlse/paid_sick_leave.htm - that site has a bunch of information.

I think that HRZ was working his way to the fact that there is no requirement that unused sick time be paid out to you. However, if you terminate employment and then return, you are able to keep that accrued sick leave (with some exceptions). It seems to me that their policy is not correct in California.

 

[HRZ]

Actually I was probing the issue that sick leave which is exclusively sick leave seems NOT covered by CA law as to vesting ...but if employer aggregates such leaves into PTO then as PTO it vests

 

[Zigner]

Actually I was probing the issue that sick leave which is exclusively sick leave seems NOT covered by CA law as to vesting

That's what I said.