Paid Time Off
Where an employer replaces its separate arrangements
for vacation and sick leave with a program whereby employees are granted a
certain number of "paid days off" each year that can be used for any purpose,
including vacation and sick leave, the employees have an absolute right to take
these days off. Consequently, again applying the principles of equity and
fairness, DLSE takes the position that such a program is subject to the same
rules as other vacation policies. Thus, for example, the "paid time off" is
earned on a day-by-day basis, vested paid time off days cannot be forfeited,
the number of earned and accrued paid time off days can be capped, and if an
employee has earned and accrued paid time off days that have not been used at
the time the employment relationship ends, the employee must be paid for these
days.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876 5744
- 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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