Legal Question in Employment Law in California

pto payot/severance

I am being offered a severance by my emplyer and filling out a pto work sheet for unused pto- by law is this for just the prioryear- or for all unused pto? the form says '' unused or carryover from a prior year'' carryover is not the same as unused? can you explain what iam entitled to


Asked on 6/08/09, 8:19 pm

1 Answer from Attorneys

Roxanne Davis Davis*Gavsie & Hakim

Re: pto payot/severance

You are entitled to be paid for all earned but unused paid time off that you have accrued up to the date of termination, on a pro rata basis, going back up to 4 years. (The Labor Code provides for up to 3 years, and the Bus. & Prof. Code 17200, et seq. permits you to go back 4 years.)

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Answered on 6/09/09, 2:17 pm


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