California State Law - vacation/PTO

The information I've found concerning California state law and vacation/PTO indicates that nothing less than a full day's absence can be charged to paid leave time. If an employee ASKS to use less than a full day of vacation/PTO (e.g., wants to leave work four hours early for personal reasons and charge PTO), is the employer allowed to honor the request? Or are the alternatives (1) tell the employee to use eight hours, (2) deny the employee's request and tell him/her to work until closing, or (3) let the employee leave and pay for the four hours without charging PTO?


  • 4 Comments sorted by Votes Date Added
  • An employer cannot honor the employee request to use a partial day of PTO if the absence will be for personal reasons. If the employee works any part of the day, they must receive the full day's pay. An employee can use a partial day of PTO if the absence is for medical reasons.

    The employer's options are as you state assuming your option (1) is telling the employee to take the full day off and use PTO.
  • I believe your assessment is correct if this is an exempt employee. I don't know of any reason why non-exempt employees are subject to the same rules, so I think that increments are OK for non-exempt employees.
  • For salaried exempts in California, your best answer is No. 3.

    As has been noted above, the prohibition against charging PTO or accrued paid vacation time banks or any paid accrued time banks that may be used for ANY reason, applies to salaried exempts.

    Non-exempts and those exempts who don't have to be salaried but may be paid hourly, of course may use their accrued time banks to cover partial days' absences.
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