WIll my employer be required to pay me PTO if I resign my position?

UPDATED: Oct 1, 2022

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WIll my employer be required to pay me PTO if I resign my position?

I work for a nonprofit organization. The employee handbook originally 1995
limited payout to one month. It has been stated that we no longer have an
employee handbook because only three of the 13 employees have ever seen a
handbook. My old supervisor was paid her entire PTO bank. Do I have a chance at
being paid my PTO bank? The current Executive Director has been promising an
updated handbook for five years and has not followed through.

Asked on October 31, 2017 under Employment Labor Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In MD, the answer to whether or not PTO is due and payable upon resignation depends on the employer's written policy and whether that policy was communicated to the employee at the time of hiring. Therefore, if a company informs employees in writing at the time of hire that unused PTO will be forfeited upon termination, then an employee will not be able to claim it. If, on the other hand, in a situation in which an employer does not have a written policy that limits the compensation for accrued PTO, then that employee is entitled to the cash value of whatever unused time was left.

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 AttorneyPages.com 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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