What are my rights to PTO if I went for part-time to full-time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to PTO if I went for part-time to full-time?
Part-time employees do not accrue PTO with my company. Full-time employees with less than 3 years of active service accrue at a rate of 1.5 hours per pay period and full-time employees with more than 3 years of active service accrue at 3.0 hours per pay period. I was hired as a part-time employee and did not accrue PTO – I was part-time for 4 years and then became a full-time salaried employee. Should I be accruing PTO at the 1.5 hour rate or the 3.0 hour rate. Since I have more than 4 years of active service with the company my initial thought is that I should be accruing it at the 3.0 hour rate but I’m not positive if my time as a part-time employee counts toward my “active service”.
Asked on August 26, 2015 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
This is not a "legal" question in that the law generally does not provide guidance on this topic. Rather, each employer is free to set its own policy in regards to PTO. Since there is no general legal rule, you need to first look at past practice at your company--what have they done before, in similar cases? Whatever has been their demonstrable practice should continue to be their practice i.e. they should do the same for you, until and unless they announce a change. If there is no past precedent to follow, then you would effectively have to follow the interpretation of its own rules put forward by your employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.