I gave 30 days notice to my employer, but they are only paying me 80 hours of my 151 hours of accrued PTO

UPDATED: Oct 1, 2022

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I gave 30 days notice to my employer, but they are only paying me 80 hours of my 151 hours of accrued PTO

As a director of the company, without even checking what the policy, I voluntarily gave 30 days notice of termination of my employment. I worked every day of the 30, training up my replacement and wrapping up all open tasks. New Link Destination
day, I find out that I will only be paid out 80 hours of my accrued 151.70 hours of PTO. I have never had this happen to me in the past, it feels very wrong. When I questioned it during my exit interview today, I was told ‘yes, this is one of Brookdales least favorite policies’ by the HR representative. Is this legal? I live in Tennessee.

Asked on August 17, 2018 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state does not require the payment of accrued but unused vacation time when employment ends. It is up to the employer to decide whether or not to pay for unused time--and how much time, and/or at what rate, to pay for--when employment ends, and the employer is free to set its own policy in this regard. So if their policy is to pay only up to 80 hours, that is legal and you cannot do anything about it.

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 AttorneyPages.com 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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