K
killer88
Guest
Im a full-time Exempt Employee in California. Wanted to know if it is legal for my employer to dock time from my PTO or Vacation time for not working a full 8 hours in a day?
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Don't take this to the bank because I'm not expert on CA reg's but I believe CA does prohibit docking an exempt employee's vacation/PTO bank for absences of less than a full day - and I think they're the only State where this is the case.
If you don't get a definitive answer here, then call CA's DOL and inquire.
If you don't get a definitive answer here, then call CA's DOL and inquire.
BTW - this assumes that the reason you are absent is for reason other than vacation. If you schedule 1/2 day of vacation and your employer attributes 4 hours to your vacation/PTO bank, that is legal and is why the employer has elected to offer this benefit in the first place.
I'm referring above to unplanned absences due to illness, etc.
I'm referring above to unplanned absences due to illness, etc.
cbg
I'm a Northern Girl
No, CA is not the only state where this is the case but there's only one other; Washington.
There are limited situations in which this is legal even in CA and WA, but we would have to have considerably more detail to say if your situation falls into them or not (and then we'd have to take it to our CA regs expert).
There are limited situations in which this is legal even in CA and WA, but we would have to have considerably more detail to say if your situation falls into them or not (and then we'd have to take it to our CA regs expert).
K
killer88
Guest
Lets say that I come in and work 7 hours then leave an hour early. Is the employer allowed to take that hour out of my sick or vacation time?
cbg
I'm a Northern Girl
They would not be able to take it out of your vacation pay. Depending on the reason you left, taking it out of your sick pay may or may not be legal.
Note to any readers from other states: In any state but California and Washington, the answer to this question would be an unqualified yes.
Note to any readers from other states: In any state but California and Washington, the answer to this question would be an unqualified yes.
DrewfromCA
Member
are you an hourly worker, or on salary(exempt)?
I am not speaking legally, but if they "fill in" the hours to make your pay 8 hours a day with your vacation/sick hours, it would seem ok to me. If you would rather keep your vacation hours and not be paid the money, I would let your employer know, and see what they say.
I assume your employer knows you don't work a full 8 hours a day, necessarily, and is ok with it?
I am not speaking legally, but if they "fill in" the hours to make your pay 8 hours a day with your vacation/sick hours, it would seem ok to me. If you would rather keep your vacation hours and not be paid the money, I would let your employer know, and see what they say.
I assume your employer knows you don't work a full 8 hours a day, necessarily, and is ok with it?
cbg
I'm a Northern Girl
Drew: The terms salaried and exempt are not interchangeable under the law. Also, while in 48 out of 50 states it is legal to "fill in" the hours not worked with vacation or sick pay, the poster is in one of the two states where the employer's right to do this is severely limited by law.