Is there a legal timeline for companies to pay out for PTO for a terminated employee?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a legal timeline for companies to pay out for PTO for a terminated employee?

My 57 year old wife was recently involuntarily terminated from a director position after 8 years by her new 32 year old manager. The large medical/healthcare company policy pays unused PTO in separations. Her last day was about 3 weeks ago. She received her last paycheck last week. The HR dept told her that she would be paid the 280 hours of PTO in the next pay period after her final check.

Asked on October 11, 2015 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, unlike certain other states, your state does not appear to have any laws governing the timeing of when this payment must be made. As some point--after significantly more than a month--you might be able to credibly file a lawsuit for violating their contractual obligations either express, as in expressed in a written contract, or implied, as in implied from their policy handbook and/or demonstrated behavior to pay the PTO, but certainly a few weeks delay, when there is no timeline in the law, is legally acceptable and reasonable.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption