If I was terminated for tesing positive for adrug test, am I entitled to my PTO time?

Asked on October 15, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In Florida, this is essentially up to your company or employer. State law does not require that employees get paid time off at all; and if they do, it does not require that they paid out that PTO on termination. Whatever policy your company has chosen to have, however, is enforceable--they have to treat you the same way as they have treated other employees, for example, or according to the policy (if any) they have announced, at least until such time as the employer makes a change in the policy going forward. Therefore, the answer can be found in your employer's employee handbook, if it has one; in any emails, memos, etc. about PTO policy; and also in past precedent--how has the company treated people terminated under like circumstances as you?

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