Legally is”Non Working Time” countedthe same as vacation time?

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Legally is”Non Working Time” countedthe same as vacation time?

My employer stated that “Non Working Time, NWT, is not synonymous with accrued paid vacation. Our policy clearly states that should your employment end for any reason, any unused NWT will not be paid.” The handbook indicates: “Company allows each full-time associate up to 200 hours per year as non-working time. While you can use up to your 200 hours for whatever you like, we think it is important to understand how we came up with this number: 10 federal holidays, 3 weeks of personal time (i.e. sickness, vacation, appointments etc.) A day is 8 hours. You will accrue 16.66 hours per month. In CA is NWT counted the same as vacation? I have given notice and wondering if I should receive vacation pay?

Asked on July 14, 2011 under Employment Labor Law, California

Answers:

Christopher LeClerc / LeClerc & LeClerc LLP

Answered 9 years ago | Contributor

Generally, if the employee has discretion to use the time when he or she chooses, then it is deemed to be vacation and must be paid out.  You plan sounds like a classic "PTO" plan, and consequenlty, it should have to be paid out.  What they call it generally does not matter.

Also, it sounds like it might be a "use it or lose it" policy, which are also unlawful in California.

If you are interested in pursuing this, you should contact an employment attorney in your area or the labor commissioner.


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