What to do if I transferred to an office out of state with 160 hours of accrued PTO but my company did not pay out when I transferred?

I have been with the same company for 3 years, last year I moved from to another state I left with 160 hours of accrued PTO. My company would not let me cash out since I was “transferring”. Now my PTO is frozen in my account, untouchable, I can’t even tap it for vacation. If/when I quit, must they pay me out? My former state law says yes but being that I’m in another state, I want to insure that I get what I earned (1 month of pay, thanks to never taking days off in 2 years). I requested to cash out when I transferred but was repeatedly told no.

Asked on July 30, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was an agreement which let you cash out the time, that agreement should have been honored. Or if the law of the state you left allowed you to cash out prior to a transfer--however, I do not believe an state law does, by the way--you could have cashed out.

However, in the absence of an agreement guarantying your right to cash the time out or any laws giving you that right, then when you transferred to a location in a new state--which is also a new position at a new location--what you could do with your PTO would be limited by both company policy and the laws of the new state. That means that if the laws of the new state do not protect your PTO, and the policy at this location does not allow you to cash or pay it out, you may not have recourse.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.