Can my employer go back and take away my accrued PTO?

I was recently terminated by my employer. Upon picking up my final check my accrued pto was adjusted from 44 hours to 24. They said it was because they recalculated it because they determined I was part-time rather than full-time.

Asked on June 19, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In CA, an employer is not legally liable to provide PTO. However, employers who choose to offer it must pay out such time to an employee upon termination/separation. This is because accrued PTO is considered to be a form of wages that have already been earned by the employee. That having been said, payouts may be adjusted if they have been incorrectly calculated.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In CA, an employer is not legally liable to provide PTO. However, employers who choose to offer it must pay out such time to an employee upon termination/separation. This is because accrued PTO is considered to be a form of wages that have already been earned by the employee. That having been said, payouts may be adjusted if they have been incorrectly calculated.


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