PTO Payout Required?

[CHILINVLN]

In the Commonwealth of VA, is an employer required to payout Paid Time Off (PTO)?  If so, is there a source to cite and if not, are there specifics that can be provided on why not?

[Navy_Contracting_4]

Wouldn't that depend on the terms of employment?  I'm not aware of any law in the Commonwealth of VA that addresses this specifically.

[here_2_help]

CHILINVLN,

The answer will be found in the employer's HR policy manual.

[CHILINVLN]

So in short, an employer has the option on whether or not they will payout earned PTO.  I never realized that was "optional" and could be defined in an Employee Handbook or HR policy.

[JRT132]

Hi, CHILINVLN.

Have you executed a Google or Bing search on your question? If you search "vacation pay out by state" you will find numerous websites that discuss this matter. Here are examples of two sites:

http://www.nolo.com/legal-encyclopedia/paid-vacation-what-are-rights-33485.html

http://www.shrm.org/LegalIssues/StateandLocalResources/StateandLocalStatutesandRegulations/Documents/VacationPTOLaws.pdf

Thanks,

JRT 

[here_2_help]

Of course the PTO payout is optional. Some companies have "use it or lose it" and other companies combine vacation with sick leave--and there is an entitlement to earned vacation but not to unused sick leave. Each company is different and, as JRT132 noted, each state has different requirements.

H2H

[Guest Vern Edwards]

Since state laws differ, is it certain that PTO payout is optional?

[here_2_help]

Vern,

The point of my post is that *nothing* is certain. Perhaps "optional" was a poor word choice -- though I was simply mimicking the word choice used by the original poster. What is certain is that whether or not an employee has a non-forfeitable right to some or all of accumulated PTO is *variable* based on a number of factors. The best indication of any employee's right to receive accumulated PTO upon separation from the company is the company's HR policy. That policy should establish what rights an employee has to the accumulated PTO, if any.

H2H

[Guest Vern Edwards]

Thanks, H2H!

[CHILINVLN]

18 hours ago, here_2_help said:

Of course the PTO payout is optional. Some companies have "use it or lose it" and other companies combine vacation with sick leave--and there is an entitlement to earned vacation but not to unused sick leave. Each company is different and, as JRT132 noted, each state has different requirements.

H2H

I understand all states are different, however, in my original post I specifically asked this question as it pertains to Virginia.

I reviewed the links you provided and didn't find a clear answer.  I also reviewed reference links in this pages with no answer either.  The closest thing I found to the answer was: If you have accrued vacation days that you haven't yet used when you quit or are fired, you may be entitled to be paid for that time. About half of the 50 states have laws requiring employers to pay out an employee's unused vacation when the employment relationship ends.

I've yet to find an answer if this is a requirement in VA or a list that shows which states are included in that statement I posted above.

[Guest Vern Edwards]

Log out of Wifcon, go to Google, and do some research.

I've found several webpages that explain Virginia's laws in this regard, and there's no way I'll provide you with a link.

Are you telling us that in 2016 you don't know how to find that information online?

What? Is it just easier to ask someone to tell you? Hell, call the Virginia Department of Labor and Industry if you don't know how to use a search engine.

[CHILINVLN]

2 minutes ago, Vern Edwards said:

Log out of Wifcon, go to Google, and do some research.

I've found several webpages that explain Virginia's laws in this regard.

Are you telling us that in 2016 you don't know how to find that information online?

What? Is it just easier to ask someone to tell you? Hell, call the Virginia Department of Labor and Industry if you don't know how to use a search engine.

Everything is available with enough research.  With that mentality, why does this forum even exist?  Maybe I should say the same to everyone else, "Log out of Wifcon, go to Google, and do some research".  I'll have 5,000+ posts in no time.

I appreciate your value add.

[here_2_help]

CHILINVLN,

Do you see how your question has changed since your original post?

In your original post, you asked "is an employer required to payout Paid Time Off (PTO)?"

In your last post  you said "If you have accrued vacation days that you haven't yet used when you quit or are fired, you may be entitled to be paid for that time...."

Can you see there is a difference between PTO and vacation -- that there may well be a fundamental legal difference between those two terms? Can you see that an employee's rights with respect to PTO may be different than an employee's rights with respect to pure vacation?

So which one is it? Because it matters. A lot.

H2H

[CHILINVLN]

In the instance I'm referring to, Paid Time Off (PTO) is utilized for anything ranging from vacation, sick days, personal days, etc.  It's technically referred to as "PTO".

[Guest Vern Edwards]

A good question is one thing. But a question that could be answered in 15 minutes with a few keystrokes is another thing entirely.

Don't get on a high horse about the purpose of this forum. It was not created to provide answers to people who think they're too busy or who are just too lazy to get one on their own. Your first post was one thing, but you've had three responses. Sometimes you just have to do some looking and reading on your own. I found the information you're looking for in less than ten minutes, and by the way, there is no simple yes or no answer. You'll have to think sooner or later, so why not get started now?

[Jamaal Valentine]

Is the original question related to a federal contract?