Am I owed my accrued PTO hours after my termination from my prior employer?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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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