Is an employer in Washington State required to cash out your PTO at resignation?

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Is an employer in Washington State required to cash out your PTO at resignation?

I resigned and gave my proper 2 weeks notice.
My employer has refused to pay out my PTO. Is
this their right?

Asked on February 20, 2018 under Employment Labor Law, Washington

Answers:

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

Answered 3 years ago | Contributor

Private sector employers are not legally required to provide earned but unused PTO or vacation time pay to a departing employee. That having been said, if promised, such pay must be granted. Further, even if state law does not expressly require employers to provide PTO/vacation pay out upon termination, established policy will control. Accordingly, if their practices, policies or statements rise to the level of creating a “promise” of such pay, then the employer may create a binding legal obligation to provided it.

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

Answered 3 years ago | Contributor

Private sector employers are not legally required to provide earned but unused PTO or vacation time pay to a departing employee. That having been said, if promised, such pay must be granted. Further, even if state law does not expressly require employers to provide PTO/vacation pay out upon termination, established policy will control. Accordingly, if their practices, policies or statements rise to the level of creating a “promise” of such pay, then the employer may create a binding legal obligation to provided it.


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