PTO payout in Colorado

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PTO payout in Colorado

I am getting ready to accept a new job offer. They
are asking for me to put in a 2 week notice at my
current job. At my current job I am an exempt
employee. According to my companies handbook,
exempt employees must put in 30 day notice to get
their PTO payout on their last check. My question is,
I know Colorado has different PTO payout laws but
can they withhold my PTO if I put in only 2 weeks?

Asked on July 18, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Anything which is specifically vacation pay (not general PTO which can be used for vacation or sick or personal leave, etc.) has to be paid when your employment ends. But your state's law only addresses, as noted, vacation pay; generally or undifferentiated PTO is not covered by the law, and only needs to be paid in accordance with your employer's policies. If you have such general PTO and your employer's policies require 30 days notice for payout, then you would not get the payout if you only provided 2 weeks notice.


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