Is paid time off pay still required to be given after being fired before the actual PTO was taken?

UPDATED: Oct 1, 2022

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Is paid time off pay still required to be given after being fired before the actual PTO was taken?

I was recently fired from my place of employment a week before my scheduled PTO. I also have a signed document stating 40 hours of PTO was given.

Asked on January 16, 2019 under Employment Labor Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they do not need to give it to you. There is no law in your state requiring payment of unused, even scheduled-but-unused, vacation time after termination of employment. Vacation days are the ability to be paid for not workin while still employed. Once your employment ends, you can't use or be paid for vacation days after your last day of employment, whether previously scheduled or not.

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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