If my job is being outsourced and I will be terminated in about 2 months, what is the law regarding my remaining PTO?

I have 10 PTO days remaining and I have put in a request to use the PTO prior to my termination date. A colleague told me that if my employer does not approve my PTO and I have PTO on the books when terminated, it is is required to pay the remaining PTO hours because I requested to use the PTO prior to being terminated. Is this true? I think my colleague is mistaken as it is indicated in our severance and retention bonus contract – only in certain states where it is required by law will they pay any remaining PTO.

Asked on September 13, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your collegue is mistaken in your state, only if you have a written employment contract which includes a union or collective bargaining contract requiring the payment of PTO on termination would your employer have to pay you. Otherwise, they are not required to. You are in a state affording few employee rights.


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