What are my rights to PTO if I went for part-time to full-time?

Part-time employees do not accrue PTO with my company. Full-time employees with less than 3 years of active service accrue at a rate of 1.5 hours per pay period and full-time employees with more than 3 years of active service accrue at 3.0 hours per pay period. I was hired as a part-time employee and did not accrue PTO – I was part-time for 4 years and then became a full-time salaried employee. Should I be accruing PTO at the 1.5 hour rate or the 3.0 hour rate. Since I have more than 4 years of active service with the company my initial thought is that I should be accruing it at the 3.0 hour rate but I’m not positive if my time as a part-time employee counts toward my “active service”.

Asked on August 26, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is not a "legal" question in that the law generally does not provide guidance on this topic. Rather, each employer is free to set its own policy in regards to PTO. Since there is no general legal rule, you need to first look at past practice at your company--what have they done before, in similar cases? Whatever has been their demonstrable practice should continue to be their practice i.e. they should do the same for you, until and unless they announce a change. If there is no past precedent to follow, then you would effectively have to follow the interpretation of its own rules put forward by your employer.


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