Can my employer discipline me by a limiting the amount of PTO hours I can take per week

UPDATED: Oct 1, 2022

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Can my employer discipline me by a limiting the amount of PTO hours I can take per week

My employer issued me a loan and they are afraid I am going to quit, so they
are limiting me and making me accrue my pto at 5.3 hours per week. We accrue
our sick time once a year on January first for the whole year. Can they make
a rash decision to take it and give it to me at a weekly rate because they
are afraid?

Asked on February 7, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you have a written employment contract which sets out accrual of sick time, the way you accrue it is set by your employer--and may be changed by them *going forward* at will. That is, they cannot take away days you currently have, since you worked for them pursuant to a certain understanding or agreement, but they can alter how you earn or accrue them from the moment they tell you of the change onward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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