Can my employer deny my PTO earned if I’m terminated?

I was with my employer for 104 days. Without warning, I was terminated. When I received my final paycheck, the PTO hours I earned were not paid. When asked why the HR representative said they didn’t have to pay it because I was terminated. I requested my handbook that I left on the premises so I could verify but she denied access and said she would email me a copy. I made 2 requests for my personnel file and handbook with no response. Can they legally withhold my PTO and deny access to my file?

Asked on September 12, 2017 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

GA doesn’t require employers to provide paid PTO (i.e. vacation or sick or time). If an employer chooses to offer such time, it must comply with the terms of its policy or any applicable union agreement or employment contract. Regarding your access to your personel file, no federal or GA law grants an employee the right to inspect their personnel file.


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