PTO payout in Colorado

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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