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Asked in San Diego, CA Mar. 20, 2020 ,  2 answers Visitors: 75
Can my employer forbid me to use PTO or sick days?

2 Answers

Anonymous
Reply

Posted on / Mar. 21, 2020 04:08:18

Sick leave is a benefit you can only use when sick or caring for a family member who is sick. However, there is talk that the State may make it usable for the stay at home order days. That has not been worked out yet.

With respect to your PTO/Vacation days: If you are fired or quit, your employer must pay the value of those hours to you in your final check. But, so long as you're still employed, your boss can decide when you can take the PTO time.

Since your hours have been reduced, you can apply for unemployment through the California Employment Development Department at https://www.edd.ca.gov. They are getting a lot of calls due to this emergency. The telephone wait times are ridiculous. So, they suggest you file online if you can.

I hope this answers your questions. I always wish you the best success in getting through this hard time.

Anonymous
Reply

Posted on / Mar. 20, 2020 06:29:12

PTO is a discretionary employee benefit that the employer can determine its use. As long as the employer does not discriminate based on the employee's membership in a protected class, it can administer its PTO benefit any way it wishes.

Sick pay is pay for when you are sick. If you are being temporarily furloughed you are not sick, and you are not entitled to be paid sick pay.

File for unemployment insurance benefits right away. The waiting period has been waived so you are immediately eligible.

Good luck to you.

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