PTO payout

UPDATED: Oct 1, 2022

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PTO payout

I live in AZ and worked for a company for 11.5 years based in Virginia. I was involuntarily terminated on July 8th. New Link Destination
day, 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 3 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.

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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