Leave without pay

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Leave without pay

Can an employee request leave without pay when they have accrued leave time? Is
this a state law or is it determined by the employer as a policy?

Asked on March 19, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

By "accrued leave time," we assume you mean accrued paid time off or PTO (e.g. vacation time). If so, while you can request leave without pay, the employer is not required to grant it; the employer only must give you the specific or actual benefit you have, which would be a certain amount of earned paid leave. They do not need to let you miss work without pay. The employer could voluntarily choose to give you leave without pay if the employer chose.


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