If an employee is terminated, is the employer allowed to with hold vacation time/paid time off?

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If an employee is terminated, is the employer allowed to with hold vacation time/paid time off?

Asked on June 23, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In GA, as in most states, employers are not required to pay accrued but unused vacation (or other PTO) on termination. If there is an employment contract calling for it, the employer must honor that contract; or if the employer's announced or demonstrated (i.e in prior terminations) policy had been to pay out on termination, the employer must continue to do so until it provides notice of a change of such policy; up until notice is provided (i.e. for any pre-notice terminations), it would have to follow whatever policy had been in effect.


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