Skirting the CA law for rollover/buyout of PTO?

[BigVinnie1369]

I work for a company in CA (but the company is a large national chain). As I have been with the company for 2 years I can accrue up to 140 hours of PTO (1.75 times my set vavation time per year). Being that I am in CA my company has chosen to roll over PTO instead of paying it out at the end of the year.

I understand that a time off request can be denied for multiple reasons but I am now being told by my boss that even though I can accrue additional PTO after taking my alotted 80 hours I can't use it until the next calandar year. To me this seems to be circumnavigating the CA rollover/buy out law. Is what my employer saying legal?

 

[eerelations]

I believe CA requires the payout of unused vacation time at the termination of employment. I don't think it mandates paying out vacation time at any time prior to termination.

 

[cbg]

I believe eerelations is correct. The law in CA prohibits use it or lose it; you cannot lose time that is already earned and any time unused when your employment terminates, for any reason, must be paid out. But if there is a provision that it cannot be rolled over and must be paid out at the end of each year, it's the first I've heard of it.

 

[eerelations]

I believe eerelations is correct. The law in CA prohibits use it or lose it; you cannot lose time that is already earned and any time unused when your employment terminates, for any reason, must be paid out. But if there is a provision that it cannot be rolled over and must be paid out at the end of each year, it's the first I've heard of it.

And now you've heard from the hands-down expert on this sort of thing. If cbg hasn't heard of something, that something doesn't exist.

 

[cbg]

(blush) I wouldn't go that far.

But I do have a fair amount of experience in the PTO and vacation laws of a great many states, including CA.

Please note #7:

http://www.dir.ca.gov/dlse/faq_vacation.htm

ONE OF THE WAYS an employer may manage vacation time is to pay it out at the end of the year.