If my job is being outsourced and I will be terminated in about 2 months, what is the law regarding my remaining PTO?

UPDATED: Sep 29, 2022

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If my job is being outsourced and I will be terminated in about 2 months, what is the law regarding my remaining PTO?

I have 10 PTO days remaining and I have put in a request to use the PTO prior to my termination date. A colleague told me that if my employer does not approve my PTO and I have PTO on the books when terminated, it is is required to pay the remaining PTO hours because I requested to use the PTO prior to being terminated. Is this true? I think my colleague is mistaken as it is indicated in our severance and retention bonus contract – only in certain states where it is required by law will they pay any remaining PTO.

Asked on September 13, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your collegue is mistaken in your state, only if you have a written employment contract which includes a union or collective bargaining contract requiring the payment of PTO on termination would your employer have to pay you. Otherwise, they are not required to. You are in a state affording few employee rights.

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