Is company required to pay PTO to employees who is laid off?

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Is company required to pay PTO to employees who is laid off?

Are there mitigating circumstances?

Asked on August 21, 2019 under Employment Labor Law, Texas

Answers:

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

Answered 1 year ago | Contributor

Absent an employment contract or union agreement to the contrary, in TX there is no requirement that an employee be given such pay. In other words, there is no law that requires employers to make payouts of accrued but unused paid leave; it is a matter left to employers to specify in their company policies.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You state (Texas) does not require the payment of accrued (i.e. earned) but unused paid time off of any kind to employers who are terminated or laid off, unless there is some written contract ore agreement (like a separation or severance agreement) requiring it.


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