California Labor laws do not require that companies offer paid sick time, vacations pay or PTO nor does it require holiday pay. But if an employer does choose to offer these benefits California labor laws do govern how these benefits will be handled.
Sick time can be accrued at your regular hourly rate of pay. If you are paid a salary simply take your annual salary and divide it by 52 weeks then divide that by 40 hours . The most important thing to remember about sick time is that it can expire and it does not have to be cashed out to you if you do not use it.
While paid vacation is not required to be given to employees, California labor law does require that is paid at the regular hourly rate of pay if the company chooses to offer it. Vacation time cannot expire and cannot be taken away from the employees either. If your company tells you that you must use it or lose it, it is likely that your employer is not following California labor law. Your employer is not required to approve your requests for time off but they must cash out the value of your vacation time to you whenever you choose.
PTO stands for Paid Time Off. Some employers lump both vacation time and sick pay in to one category. If the employer chooses to do this they must treat this time similarly to vacation time. In other words you cannot lose PTO. It must be used or cashed out, it cannot disappear.
Can be paid at ones regular rate of pay for a holiday in which the employee does not come to work, or an employer may choose to pay the employee at a higher rate if the employee works on a holiday. Keep in mind the employer has full discretion over this. If you are paid for a day in which you do not come to work it will not count toward your 40 hours of regular pay and it will not affect how your overtime rates are paid to you.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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