If an employee is terminated, is the employer allowed to with hold vacation time/paid time off?

Asked on June 23, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In GA, as in most states, employers are not required to pay accrued but unused vacation (or other PTO) on termination. If there is an employment contract calling for it, the employer must honor that contract; or if the employer's announced or demonstrated (i.e in prior terminations) policy had been to pay out on termination, the employer must continue to do so until it provides notice of a change of such policy; up until notice is provided (i.e. for any pre-notice terminations), it would have to follow whatever policy had been in effect.

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.