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I live in AZ and worked for a company for 11.5 years based in Virginia. I was involuntarily terminated on July 8th. Today, I received my final check during the normal pay date but didnt receive any payout for the PTO I accrued. Am I entitled to it and, if so, when must the employer pay it?
Asked on July 12, 2019 under Employment Labor Law, Arizona
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Your state (AZ) does not require that employees be paid for accrued but unused vacation time when employment ends unless the employee had a "reasonable expectation" of being paid. In practice, this means that there must have been some policy statement from the employer or something in the employee handbook indicating that it would be paid outw when employment ends. If there was anything to that effect, that's have to pay you, and if you were not paid, you could sue for the money; otherwise, they do not have to pay you and you have no right to it.
Note that even if you had a right, it would only be to that portion of PTO which is for or equivalent to vacation time; there is no right to be paid for sick leave.
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