WIll my employer be required to pay me PTO if I resign my position?

I work for a nonprofit organization. The employee handbook originally 1995
limited payout to one month. It has been stated that we no longer have an
employee handbook because only three of the 13 employees have ever seen a
handbook. My old supervisor was paid her entire PTO bank. Do I have a chance at
being paid my PTO bank? The current Executive Director has been promising an
updated handbook for five years and has not followed through.

Asked on October 31, 2017 under Employment Labor Law, Maryland

Answers:

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

Answered 3 years ago | Contributor

In MD, the answer to whether or not PTO is due and payable upon resignation depends on the employer's written policy and whether that policy was communicated to the employee at the time of hiring. Therefore, if a company informs employees in writing at the time of hire that unused PTO will be forfeited upon termination, then an employee will not be able to claim it. If, on the other hand, in a situation in which an employer does not have a written policy that limits the compensation for accrued PTO, then that employee is entitled to the cash value of whatever unused time was left.


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