PTO Florida for California Employee

I resigned from a company in Florida after 3 years of service. I have 195hrs in PTO are they obligated to pay this out?

1 answer  |  asked Aug 27, 2017 08:48 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Probably. If you were hired in California or worked in California, you are most likely a California employee. Take a look at your pay stubs to see if there are deductions for California taxes. If so, the employer understands it must pay you per California law. In California, PTO is just like vacation. Both are considered earned wages and must be paid to the employee. However, there are some exceptions so keep reading.

California employers cannot refuse to pay vacation or PTO that an employee has already earned, but an employer can limit how much the employee accrues. If your employer's policies state that there is a maximum number of hours an employee can accrue, then the employee must use PTO before it hits that maximum or risk not being able to accrue any more time. The employer must allow the employee to use the PTO to avoid hitting the maximum.

California law requires employers to pay all unpaid wages to an employee whose employment is ending as follows:

– If the employer ends the employment (not relevant in your case), the employer must pay the employee at the time of termination. This means right then . . . not later the same day, not in the next payroll cycle, but at the time of termination. There are very limited exceptions.

– If the employee ends the employment, as in your case, but did not provide at least 72 hours advance notice, the employer can wait 72 hours before paying all wages dues. If the employee gave at least 72 hours notice, then the employer must pay at the time the employment ends.

There are more details, including pro rata PTO earnings, a prohibition against "use it or lose it" policies, a prohibition against unreasonable accrual limits, and more. It is always safest to consult with an attorney regarding your legal rights.

posted by Marilynn Mika Spencer  |  Aug 27, 2017 7:16 PM [EST]

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