Am I owed my accrued PTO hours after my termination from my prior employer?
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Am I owed my accrued PTO hours after my termination from my prior employer?
Last month I submitted by two week Resignation Letter to my prior employer, at that time my prior employer stated she would except my resignation that day rather than the 2 weeks as stated in my letter. Upon terminating my employment, I had accrued 24.77 hours during the year. When I received my final paycheck the hours that were listed under PTO hours was blank. I wasn’t paid for the time yet the hours were no longer there. I read that in our state employers do not have to pay PTO hours upon discharge/termination of
employee but the employee handbook from the company I was employed by states,
Asked on May 13, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are correct that your state does not require the payment of accrued but unused PTO on termination of employment, except if there is a written agreement or unambiguous written policy to the contrary. The language you quote does not guaranty you payment upon termination--nothing in what you have quoted states unequivocally that unused PTO will be paid out. Therefore, it would still be under your employer's discretion whether to pay--and they could choose to not do so.
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