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  1. #1

    Default California Sick Leave Law and PTO

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

    Before the new SICK LEAVE LAW took place on July 2015, our employer was providing us vacation benefits where an employee gets 40 hours vacation on his first year, then 80 hours for those who have been working with the company for 3 years and above. This vacation policy was changed by employer on July 2015 where employer eliminated vacation and changed it to PTO, in addition to the SICK LEAVE LAW where employees working with company 1-3 years may accrue 48 hours sick leave, but no PTO, and this who worked more than 3 years have 40 hours PTO plus the California prescribed sick leave law, 48 hours value. Is this legal? We believed it's not fair, because we were already making 80 hours (3+ years working) and the sick leave shouldn't be taken out from that 80 hours... and also, when employer changed vacation plan to PTO on July 2015, accrued hours were set back to zero, to start the new accrual, is this also legal?

  2. #2
    Join Date
    Oct 2016
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    4,301

    Default Re: California Sick Leave Law and Pto

    Sick leave is required, vacation isn't so that part is legal. Vacation can be changed by the decision of the employer.

    The only place he may have made a mistake was if he took already earned vacation/PTO away from you. That is very specific California law and one of the California folks will be along shortly I'm sure.

  3. #3

    Default Re: California Sick Leave Law and Pto

    We understand vacation is not required, but in our understanding is that although employer is not required to provide vacation but if it is offered, then the law steps in, but we don't know what specific law it was. And also, the department of labor in their FAQ, have mentioned that employer may change vacation to other similar plan as long as it meets the minimum required. We didn't even get any notice about the changs with those plans...

  4. #4
    Join Date
    Feb 2008
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    1,179

    Default Re: California Sick Leave Law and Pto

    They don't have to provide notice except to tell you about the change happening as of that day, but they can't take away what was already accrued. But they weren't required to provide you any notice and I am not sure how notice really would have helped you. I think you assumed you would get sick leave on top of your vacation time (which is what the government would have liked employers to do and they made it sound like a huge employee benefit they got for you by law), but not all employers can afford to give another week of PTO additionally to what was in place. And since there is no requirement for vacation time, the employer made the best choice from their perspective.

    Starting on that day in 2015, the employer chose to replace part of your vacation accrual with the government mandated sick day accrual. There is nothing illegal about doing so. The government can try to force employers to give more benefits, but it doesn't always work out that way. In the end the employer has to do what is best for their company under any mandated laws and the employee can choose to look for other employment if you are unhappy about the new setup.

  5. #5

    Default Re: California Sick Leave Law and PTO

    That's what happened, those number that we used to see on our paystub disappeared as the PTO plan took place. Now we only see accruing is the PTO, every payday 1.67 hours is added to PTO, but not clear to us how many hours sick leave we have, we don't know how sick leave accrue, definitely it's not front loading coz none of us were provided. Is it legal to keep sick leave accrual in the same manner PTO is displayed on paystub?

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: California Sick Leave Law and PTO

    As there is no law that requires that PTO and Sick Leave accrual to be shown on a pay stub in the first place, yes it is legal.

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