Can a company deny accrued PTO hours upon termination without a written policy?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a company deny accrued PTO hours upon termination without a written policy?

I was recent made aware that I had 75 hours of PTO. I spoke with 2 HR departments in different locations and was told I could not cash out or use PTO after a 2 weeks notice was given. They have no written policy to show me. Is this legal?

Asked on June 8, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, payment of accrued but unused PTO on termination requires a written agreement guarantying you the pay...that is, the default is that the employer does NOT have to pay, and they would only have to pay once if there was something in writing stating they would pay on termination. Also, employers have discretion in when employees may use PTO--it's not a guaranteed right to be able to take it whenever you like. An employer could reasonably say that once you give notice, you can't take PTO since that is equivalent to paying you out your PTO, which they do not have to do.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption