Can an employee who resigned use paid time off while starting a new job

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Can an employee who resigned use paid time off while starting a new job

Employee gave verbal notice on Thursday
asking to use personal/sick time for the next
day and next week to look for another job.
Granted. Employee informed me the following
Tuesday that she wants to start new job next
Monday and asked for another week of
personal/sick time while starting new job. No
vacation time is available to use.

Asked on February 14, 2018 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They have no right to do this, unless they happen to have a written employment contract giving them this right. Otherwise, all employment being employment at will, once they indicate they are no longer working there (i.e. starting a new job and not coming into work), their employment is terminated, and once their employment is terminated, they have no right to use paid time off. Or the employer could simply (employment at will again) terminate them whenever the employer wants--such as when the indicated they were looking for a new job--and they could not use PTO from the moment terminated forward.
If the employer had a written policy that they'd pay out unused PTO when employment ends, they would have to follow that pay out any unused days.


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