Expert: Shirley McAllister, CPP, PHR - 1/27/2010

Question
QUESTION: DOES A EMPLOYER HAVE THE RIGHT TO TAKE 1.5 PER HOURS AWAY FROM AN EMPLOYEE IF PTO HAS NOT BEEN SCHEDULED AND APPROVED 30 DAYS PRIOR? FOR EXAMPLE IF A EMPLOYEE MISSED ONE DAY 8HRS, THAT EMPLOYEE LOSES 12HRS ACCUMULATED PTO HOURS.

ANSWER: That is not usually how it works, however, most states do not control PTO time and leave it to the employee. PTO time is not mandatory, the employer does not have to pay it and he has the right to say when it may or may not be used.

Only in a few states such as California and Nebraska do they regulate it somewhat. If you let me know in which state I can find out if your state has any type of regulation for PTO time.

Thanks
Shirley

---------- FOLLOW-UP ----------

QUESTION: Hi Shirley
Regarding PTO pay charges.
I am living and working in CALIFORNIA.
Thank You for your time.
I am very thankful.
Jon


Answer
California views accrued vacation and PTO time as wages. If you are taking only 8 hours and being deducted 12 hours this is not right in the state of California.

You can find the California rules on Vacation here (PTO is counted as vacation)
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

You can file a wage claim for the extra vacation (PTO) deducted from your wages here:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

You can contact the department at the following:

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

Shirley