Are employers required to pay accrued PTO to departing employees?

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Are employers required to pay accrued PTO to departing employees?

Employee resigned.

Asked on October 16, 2015 under Employment Labor Law, New York

Answers:

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

Answered 6 years ago | Contributor

If your company has accrued vacation time or PTO, it doesn't have to pay you for your earned time if you were told that such time is lost when you leave the job. If it didn't tell you, then it has to pay you for this earned time when you leave. The rule must be in the employee handbook or union contract and posted at your workplace.
If you feel that your rights are being violated, you can consult directly with an employment law attorney in your area and/or contact your state's department of labor to file a complaint.


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