Penryn, CA asked in Employment Law for California

Q: In California, what is considered a 'reasonable' cap on PTO accrual? How is reasonableness determined?

This is an updated question to be more clear about my situation:

My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I tend to stop accruing in June so that each year, I only accrue as little as 1/2 of my PTO allowed.

Citing the California Labor standards guidelines for a cap (not the max)- The California Department of Labor Standards Enforcement says a cap on vacation time accrual must be "reasonable," and various labor and employment experts interpret that to mean 1 1/2 to 2 times the workers' annual accrual rate.

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1 Lawyer Answer
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: The PTO accrual cap does not have to reasonable. PTO is not required by law.

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