PTO, vacation, termination, and 52 week limit for income during old claim to make new one (Los Angeles: company)

[lostwallet]

Please read on, it's complicated and I'm stuck figuring this out, with an appeal hearing coming up.


Due to a quirk in when I was fired and when I filed, the first week of my claim was also the last week I was paid. This makes it possible to use that income for a new claim because income was within 52 weeks of the prior claim. My new EDD UI claim was denied because it was below the $1,300 threshold in wages. My appeal is scheduled, here's why:



1) The paycheck for the previous two weeks was not paid until this first week of the new claim.
2) CUIC 1265 excludes vacation, sick, and holiday from being counted as wages. But this is "paid time off" (PTO) which is the same as wages and is _not_ specifically mentioned. CUIC 1277 states any compensation is considered wages, which conflicts with 1265. PTO could be cashed out yearly, and California requires they be paid out on termination. I was not allowed to take any personal time by the evil company for 18 months so the final PTO total was massive and would bring me to the UI $450 max for a new six month claim.



3) Even if PTO is considered vacation, PTO accrued for that first week as well. The PTO accrual rate was about an hour of wages per day worked. And this puts me well over the $1,300 by itself. It would be unfair to lump this PTO with the PTO prior to the claim. Does not this portion of PTO apply to the new claim as wages?


(A footnote - opportunity is not good in overpopulated Los Angeles. I and my family members are finding thirty applicants per job, from Target on up to knowledge worker.)