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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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