I I’m terminated what are my rights to my unused PTO?

UPDATED: Oct 1, 2022

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I I’m terminated what are my rights to my unused PTO?

I am worried my employer is going to terminate me. I have been saving my paid time off to use next week but am worried I am going to be terminated. I know state law says they have to pay out unused accrued PTO but in their handbook it says they do not pay it out. Can they do that? What could I do?

Asked on December 6, 2017 under Employment Labor Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Company policy cannot override state law. The law in your state states that if you were employed by them at least a year, then if you earned PTO, you must be paid out for any accrued but unused PTO. Here are some links to the relevant law and to information from your state; if the company violates state law and does not pay you, contact the state department of labor:

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