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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Payment for PTO Days After Termination

    My question involves labor and employment law for the state of: California.

    I was fired today because "it wasn't working out". I was issued a personal check for this week's pay +4 PTO days. I normally have 10 PTO days yearly. I had heard in my state, we are required to receive our full PTO payment upon termination. Is this true? If so, would I talk to my employer about this? I have never been fired before so I am unsure.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,072

    Default Re: Pto Days After Termination

    You are entitled to whatever days have already been accrued, NOT what days you would have accrued if your employment had lasted longer. People who leave in January do not get all the days they would have earned this year; only the days they have already earned as of the day they leave.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Pto Days After Termination

    Agree. Per the Ca. DLSE:

    Q.
    What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

    Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck.

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