Am I entitled to accrued PTO taken before resignation date?

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Am I entitled to accrued PTO taken before resignation date?

I submitted my resignation effective on the last day of the month. I had 4 days of PTO accrued, which I took, making my last physical day at the office 4 days before termination date. My former employee has taken back the days. Am I entitled to this pay?

Asked on December 28, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 7 years ago | Contributor

In FL, unless there exists an employment contract or union/collective bargaining agreement guaranteeing the payent to accrued vacation, sick days or PTO upon leaving their job, a worker has no legal entitlement to receiving the wage value of those days. Additionally, if there has been a company policy of providing it to deprating employees, then you may have a claim.


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