Is there a legal timeline for companies to pay out for PTO for a terminated employee?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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