Q: Are employers allowed to take PTO when using California Sick hours.
I work for a Humanitarin a non profit, who deducts PTO when using California Sick. Is this allowed? My understanding of this law is that PTO and Sick are supposed to have separate “banks” and sick hours are completely separate and guaranteed hours.
A: If you have sick leave accumulated, the employer should only be deducting from your sick leave if you are out sick. If you have no sick leave accumulated or run out, then you can draw on your accumulated PTO. Your employer can not require you to use PTO for sick, when you have accumulated sick leave to use.
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A:
In California, employers are required to keep sick leave separate from paid time off (PTO). This means that when you use your designated sick hours, your employer should not deduct from your PTO balance. Sick leave is intended specifically for health-related absences and must be maintained in a distinct “bank.”
However, there are limited circumstances where an employer might request the use of PTO in addition to sick leave. For example, if you exceed your available sick hours, your employer may then ask you to use PTO for the extra time off. Additionally, if your organization has a clear policy that outlines how different types of leave are managed, it’s important to review those guidelines to understand your rights and obligations.
If your nonprofit is deducting PTO when you use your California sick hours without a valid reason, this may not be in compliance with state law. You might consider discussing the issue with your HR department or seeking advice from the California Labor Commissioner's Office to ensure your rights are protected. Ensuring that your sick leave is handled correctly helps maintain your benefits and supports your well-being at work.
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