What are an employee’s right to PTO if they quit?

Asked on August 3, 2015 under Employment Labor Law, Pennsylvania


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

Answered 5 years ago | Contributor

The fact is that they probably don't have any rights to PTO pay. The fact is that such time is discretionary; that is employers are not legally required to give it. Therfore, if they do, they have a great deal of say over how ad when it is paid. So unless company policy, a union agreement or employment contract mandates that PTO be paid out when an employee terminates their employment, then is need not be paid.

Note: Also, discrimination must not be a factor in denying a PTO payout.

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