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I'm an hourly at will employee in the state of California. I want to know if my employer can demand I use my PTO benefit rather then just accept no pay.

I want to know if it's my legal right to accumulate and save my PTO in the event of an emergency. As an hourly employee a week of no pay could financially devastate me. Is it legal to not allow me to save my PTO and just accept no pay when I have to go to the dentist or the dr?

As it is my PTO is being whittled away by routine preventative health maintenance. As an hourly full time employee, shouldn't I have the choice to take no pay or use PTO to cover a Dr's appointment, 1-2 days of sickness etc?

2007-01-26 11:58:57 · 3 answers · asked by devoleno 1 in Politics & Government Law & Ethics

3 answers

I had the same situation where I worked, I pushed it until I got an answer. Right or wrong legal or not this is what I got. If you allow time off w/o pay pretty soon the bean counters get the idea the workload is not big enough to merit the dedicated force...so they start cutting the positions. It gets pretty involved, but I was able to see the daily analysis as to available manhours. This is what dictated who needed help. They started w/total hours available, like everyone on the crew was going to be there that day,then subtracted hours that were paid but not productive like vacation, training etc. Anyway I suggested adding a column, timeoff w/o pay and later was told ..not feasible... i asked why...not enuff people requested it. i did'nt like the answers, at least i got an idea of what it was like trying to justify everybodys job everyday,every hour. I know...... its not right

2007-01-26 13:17:59 · answer #1 · answered by rd1551@sbcglobal.net 2 · 0 0

Federal Wage and Hour phone number is in the book, they should be able to tell you what you can do. Our city was trying to force us to use comp time before we got overtime. Then somebody read the law and said "wait a minute" that is treated basically the same as money by FSLA guidelines.
Good luck, most state organizations are as cheap as municipalities except on a bigger scale.

2007-01-26 12:04:52 · answer #2 · answered by Lt. Dan reborn 5 · 0 0

this may well be a grey section, if she has a signed settlement from the corporation preserving the activity is 40 hours a week. They don't have used her PTO to make up the hours. regrettably looking an criminal professional to bypass against agencies is annoying.

2016-12-12 21:08:23 · answer #3 · answered by Anonymous · 0 0

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