Does an employer have to pay you for sick/vacation time if it was approved but then you were terminated?

At my former workplace, you were able to accrue 40 hours of Paid Time Off as a 2nd year employee. Randomly, without notice, they changed the handbook and made it that veteran employees, me, will get 24 hours of sick time/vacation a year capped off and 16 hours of additional PTO, since they changed the manual and us veteran employees noticed it. After I asked for all 40 hours to be onto my next paycheck, my manager said there is no issue with redeeming the accrued time off and then terminated me the following day.

She will only give me the 16 hours of

Asked on December 29, 2017 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your state does not require pay out of accrued but unused paid time off (PTO) when you are terminated unless there was a written employment policy (e.g. in an employee handbook or manual) or written contract requiring it. Without such a policy statement or contract, they may choose to no pay for unused time.


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