I have worked with a company for 7 years.

32 Comments

1. KatApril 9,2022 at 1:51PM UTC

   You need to ask HR how unused PTO is handled. It could be paid on your last check or used up after your last day of work. As to it being denied, it depends on company policy. Hope you don't lose it.

2. Camille JordanApril 9,2022 at 2:27PM UTC

   I was told that it's company policy is not paying employee PTO upon resignation.Louisiana laws state employers must pay

3. Amy Carissa OliverApril 10,2022 at 1:23PM UTC

   Double check what you have. PTO and Vacation are not legally the same thing. If your employee manual doesn’t make a distinction between types of leave, and the Payout policy, then Louisiana law likely won’t help you. For example, if you have just one leave bank for sick and vacation, the state cannot require a payout of that account.

4. Kristie WhiteApril 9,2022 at 2:27PM UTC

   There Should be a written policy that you can refer to

5. AnonymousApril 9,2022 at 2:31PM UTC

   It depends on your company's policy. My company's policy is clearly laid out in our handbook, and I've made sure to keep my balance just below what I would be paid out if I left. If there's a clear policy and your PTO balance is over, then yes, they can for amount that's over. Check with HR.

6. Dani RobertsApril 9,2022 at 4:19PM UTC

   Provided you don’t live or work for a company in New York, Colorado, or California, which typically have very unique employment laws, your employer most likely has the right to deny vacation. Personally, I have never seen a vacation policy that is not subject to management approval. Management has to ensure business coverage. Rather or not you want to work for an employer that frequently denies vacation is a different topic. You will want to keep a record of the vacation denial and speak with your HR regarding how vacation balances are handled (carryover / pay out / forfeited) and confirm the expectation of how much time you are supposed to ask in advance of a vacation request.

7. AnonymousApril 10,2022 at 12:41PM UTC

   Im in Tx. Companies here pay vacation but not PTO

8. AnonymousApril 10,2022 at 12:43PM UTC

   You shouldve Asked b4 resigning

9. AnonymousApril 10,2022 at 12:49PM UTC

   I was denied PTO when I was laid off at the beginning of the pandemic and I’m in NYC. The company had written their policy in such a way so they could get away with this legally.

10. Amy Carissa OliverApril 10,2022 at 1:14PM UTC

    We need more info. Are you saying they do not want to pay it out? That will be in the company policy. Or do you mean you want to use it? That is always at your manager’s discretion.

11. Michelle S.April 10,2022 at 1:14PM UTC

    It’s all about the policy. Make sure you read your handbook. It should be in company policy and a huge majority of companies I’ve heard of and worked with have a policy to pay out PTO upon successful completion it should be in company policy and a huge majority of companies I’ve heard of and worked with have a policy to pay out PTO upon successful completion of two weeks notice. If the supervisor tries to tell you to leave beforehand, you would still have a case to get that anyway as you try to work your notice. Definitely make sure that you read the handbook and then talk to your HR. Anything happens or goes wrong, your state labor board is who would help with it

12. AnonymousApril 10,2022 at 1:38PM UTC

    Yes.

13. Aimee RoblesApril 10,2022 at 1:44PM UTC

    I know my old job paid either all of it or part of it to me when I quit.

14. Rae WagonerApril 10,2022 at 2:32PM UTC

    Are you asking if they have to cash out your accumulated PTO or are you asking if they have to let you take PTO your last two weeks?

15. Joanna PoeApril 10,2022 at 4:04PM UTC

    They can probably do whatever they like, but it depends on the laws in your state and your employee handbook.

    Where I am in Michigan, the statute says "An employer will not be legally obligated to pay an employee for accrued, unused vacation time if the employer's policy does not address the issue."

    Can they keep you from taking PTO for your last weeks? Probably.

16. KathyApril 10,2022 at 4:14PM UTC

    Technically, despite having turned in your notice, you are still employed by this company. Take your PTO now.

17. Bevin MarieApril 10,2022 at 4:41PM UTC

    They may be more open to it if you don't want to take the full two weeks off.

    They may want you to help train the person who will get your work after you leave

18. Teri GibsonApril 10,2022 at 5:02PM UTC

    Not sure what state you are in; however, in California, you are to be cashed out your PTO with your final paycheck. Work out the two weeks, and cash out. Don't burn your bridges with your former employer.

19. Camille JordanApril 10,2022 at 6:53PM UTC

    Clarification

    I am from Louisiana

    I've turned in my two weeks notice. I was told that since I have turned in I am not able to take time off.

    There are no federal laws but it's Louisiana laws to protect employee PTO

    Can my employer still deny PTO payout?

20. AnonymousApril 11,2022 at 1:46PM UTC

    According to Louisiana law as I read it (not a lawyer) you should be paid out. If they refuse to payout your PTO, then you need to get a lawyer involved because they will have way more knowledge on the topic and understand any loopholes laws have as well.

21. AnonymousApril 10,2022 at 7:05PM UTC

    You need to check a) state law, and b)company policy. If company policy says they don't pay out accrued PTO and state law allows that, they you're sunk.

22. AnonymousApril 10,2022 at 8:04PM UTC

    PTO is often considered a "benefit", not an "entitlement". Therefore,the company does not need to pay you when you leave.

23. AnonymousApril 11,2022 at 12:25PM UTC

    Completely depends on the state

24. AnonymousApril 10,2022 at 8:09PM UTC

    It depends on company policy. Check your handbook or just call HR.

25. Shanita Taylor BSIS, BSc (Psyc), M.A.E.LApril 11,2022 at 2:21AM UTC

    Depends on the policy and company.

26. Katelyn G.April 11,2022 at 3:51AM UTC

    I found this for you.

    I would review it against your contract or HR policy but your labor law seems pretty clear. Put your request in writing now and contact your attorney general to report it if you have to.

    PTO is an extension of direct compensation and as long as you earned it within 2022, they have to honor it. They wouldn't have to honor indirect comp and benefits such as providing recognition, or reimbursement for training you didn't complete even though it was offered.. You need it in writing though......Good luck!
    https://www.grhg.net/navigating-the-louisiana-wage-payment-act/
    https://www.legis.la.gov/legis/Law.aspx?d=83945

27. AnonymousApril 11,2022 at 12:51PM UTC

    The only problem you face is if your company has a "use it or lose it" policy that you must use your PTO before, e.g. a year end or two years end etc. Good luck!

28. AnonymousApril 11,2022 at 2:43PM UTC

    You may want to start coming up with reasons you couldn't use this time. My old company never approved my vacation days because we were short-staffed, so technically, I was "unable" to use my PTO.

29. AnonymousApril 11,2022 at 2:42PM UTC

    I got paid out for all my PTO. Even if they didn't though, I would have sought legal help to recover those wages and they probably knew that. You can always just ask and I believe HR is obligated to be honest with you.

30. AnonymousApril 11,2022 at 3:00PM UTC

    Always read back the company policy on what they do secondly, refer back to State Labor Code.
    California counts unused PTO as earned compensation so the employer is obligated to pay it out upon your termination.

31. Rynn StrangeApril 11,2022 at 3:11PM UTC

    It will depend on the company policy as well as what state law says (if it addresses it).

32. AnonymousApril 11,2022 at 6:15PM UTC

    I gave a last day of work that included the 8 weeks of PTO being used as vacation. (i.e. My last day in the office was March 1, but the last day I was employed was the end of April. By doing this, I also was covered by the health plan for two additional months. At first HR balked at this, then they asked if I would be willing to take the PTO, then come in for a couple more paid days after that time, to answer questions from my replacement and other staff members. I was not immediately starting a new job, so schedule allowed me to do this and it worked out well for everyone.