Will I be able to cash out my PTO when I resign?

UPDATED: Oct 1, 2022

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Will I be able to cash out my PTO when I resign?

I’m resigning from my current job. I’m a supervisor of a 3 person department and am hourly/non-exempt. I’m wondering if being a supervisor will keep me from getting my PTO paid out. Here’s why my employee handbook says that in order to received accrued PTO

Asked on January 20, 2018 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, getting paid out for unused but accrued PTO is contractual: it depends on the terms of a written employment contract or written employee handbook which unequivocally sets forth a policy of paying unused PTO on separation from employment; there is no inherent right to be paid out, other than what is set out in a contract or handbook.
A supervisor is management: a supervisor supervises persons, a department, or a process, the same way that managers manage persons, a depatment, or a process. Any court find that the two are equivalent.

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