Can an employer not pay vacation time or PTO after I resign?

UPDATED: Oct 1, 2022

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Can an employer not pay vacation time or PTO after I resign?

I put my 2 weeks notice in. During the first week of my 2 week notice the informed me and everyone else my last day would be that Friday, only 1 week into my 2 week notice. They are now telling me they will not pay me my accrued vacation or PTO. I have taken vacation and PTO before and I was paid for that time. Can they legally do this? I will take them to court if needed.

Asked on October 20, 2017 under Employment Labor Law, Georgia


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

Answered 5 years ago | Contributor

In GA, whether an employer pays an employee for accrued, unused vacation time at the time of departure is sa matter of company policy. Accordingly, absent policy tothe contrary, pro rata payment of vacation pay is not required. Further, as to being let go after only 1 out of a 2 week notice period, that is also legal. A 2 week notice is a courtesy, not a legal requirement just as a company honoring such a notice is discretionary.

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