PTO aka Paid Time Off

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PTO aka Paid Time Off

I worked for an my employer and then
they fired me. 5 months later they hired
me at a different location. Does my
employer have to start my PTO accrual
balance from zero when I was rehired? Or
can they minus PTO they gave me earlier
that year from the legal amount they owe
me per year.

Asked on December 8, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement to the conrrary, your PTO starts anew upon re-hire. In other words, your past employment has n bearing on your current PTO.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were terminated and rehired, your PTO would start all over *unless* you agreed to some other arrangement when you hired or as a condition of hiring: each time you are re-employed after termination (whether voluntary or involuntary; i.e. after either quitting or being fired) it is as if it was the first time you were hired. You past employment, use of PTO, etc. does not affect the rehiring--again, unless you agreed to it.


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