Can I get all of my PTO paid out upon terminating employment?

UPDATED: Sep 30, 2022

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Can I get all of my PTO paid out upon terminating employment?

I have 264 hours of PTO. I have been
employed for over 13 years and have
turned in a 2 weeks notice. My employer
is only willing to pay out 80 hours per
company policy however, this policy has
not been followed and some people get
more PTO paid out than that or do not
follow the guidelines when terminating
employment to be eligible for their
unused PTO to be paid out. I am
wondering if I can sue for my unused
PTO to be paid out?

Asked on November 9, 2016 under Employment Labor Law, Indiana


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

Answered 6 years ago | Contributor

IN courts have held that when an employee earns vacation time, it is part of their pay and they have to be paid for accrued vacation time that hasn't been used. That having been said, companies are allowed to take away such time in certain circumstances as when an employee is leaving (e.g. having a rule that workers have to give notice before they quit in order to get their vacation time). That having been said, if others have gotten their full acrrued vacation time upon departing, then you may have a case. If you think that you are owed such time, you can contact your state's department of labor and/or consult directly with a local employment law attorney for further advise as to your specific situation.

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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