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|State |Does the state require earned, unused PTO to be paid at termination? |

|Alabama |Alabama does not require employers to provide paid vacation, sick leave, or paid time off to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation. |

|Alaska |Alaska does not require employers to provide employees with paid vacation, paid sick leave, or paid time off. |

| |Employers are not required to pay out accrued but unused vacation, sick leave, or paid time off at termination, |

| |unless the employer has a written policy or has otherwise promised to do so. |

| |The final paycheck to terminated employees, regardless of the cause, is due within three working days after the |

| |termination. If the employment is terminated by the employee, payment is due at the next regular payday that is at |

| |least three days after the employer received notice of the resignation. Alaska Code §23-05-140. |

|Arizona |The final paycheck for an employee who is involuntarily terminated is due within three business days after the |

| |termination, or on the next regular payday, whichever is earlier. |

| |This includes payment for all wages for time worked, and any calculable bonuses or commissions due, or contractual |

| |severance payments. It also includes accrued vacation and sick time, if there is a policy or practice of paying such|

| |amounts at the end of employment. If an employee resigns, the final check (including all of the above-listed |

| |amounts) is due on the next regular payday. A.R.S. § 23-353. |

|Arkansas |Arkansas does not require employers to provide paid vacation or sick leave to employees. |

| |An employer must pay earned, but unused vacation or sick leave to an employee upon his termination only if that is |

| |the employer’s policy or practice. Arkansas does not prohibit an employer’s practice of considering unused vacation|

| |or sick leave forfeited upon termination. |

| |Final payment to discharged employees is due and payable on the day of discharge. Final payment to employees who |

| |resign is due on the next regular payday. Ark. Code §11-4-05. |

|California |California law does not require employers to provide its employees with paid vacation. However, if paid vacation is |

| |provided, it is considered earned wages for purposes of California wage and hour law. |

| |Therefore, all earned and unused vacation must be paid at termination, or the employer faces stiff waiting time |

| |penalties. Cal. Lab. Code section 227.3. Paid sick leave, unlike paid vacation, is not considered earned wages and |

| |does not have to paid at termination. Cal. Lab. Code section 233. |

| |Final payment to discharged employees must be made immediately. Final payment to employees who resign is due within|

| |72 hours of separation. |

|Colorado |Colorado does not require employers to provide its employees with paid vacation or sick leave. Employees are not |

| |entitled to compensation for accrued but unused vacation or sick time, except as provided under contract or policy. |

| | |

| |Final payment to discharged employees is due immediately. Final payment for employees who resign is due on the next|

| |payday following separation. Colo. Code 8-4-109. |

|Connecticut |Connecticut law does not require employers to provide paid vacation or paid sick leave to employees. Employers who |

| |do provide such paid leave are not required to offer employees the value of their accrued but unused time off when |

| |the employee terminates employment. However, if an employer has a policy or practice of providing paid time off, or |

| |of paying for accrued but unused time, it must apply the policy or practice consistently to all its employees. See |

| |Conn. Gen. Stat. § 31-76k (2004). |

| |An employee’s final pay check (following either discharge or resignation) is due on the next regular payday |

| |following separation. Conn. Gen. Stat. §31-71c. |

|Delaware |Wages earned by the employee shall become due and payable by the employer. While Delaware law does not require |

| |employers to provide employees with paid vacation or sick leave, the Wage Payment and Collection Act does specify |

| |that all benefits and wage supplements, which includes vacation, sick and holiday pay, must be paid to an employee |

| |within 30 days of the date they become due. 19 Del. C. § 1109. |

| |An employee’s final pay check (following either discharge or resignation) is due on the next regular payday |

| |following separation. 19 Del. C. §1103. |

|District of |The District of Columbia does not require employers to provide paid vacation, sick leave or other time off to |

|Columbia |employees. |

| |If provided, absent an agreement to the contrary, accrued but unused paid vacation and other time off, but not sick |

| |leave, are considered earned wages, and must be paid at an employee’s termination. Accrued but unused sick leave |

| |need not be paid, as interpreted through case law. |

| |An employee’s final paycheck following discharge is due on the next business day or within four days of discharge |

| |for employees responsible for employer funds. Final payment following employee resignation is due on the next |

| |regular payday or within 7 days, whichever is earlier. DC ST § 32-1303. |

|Florida |Florida does not require employers to provide paid vacation or paid sick leave to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation or paid |

| |sick leave. |

| |An employee’s final pay check (following either discharge or resignation) is due on the next regular payday |

| |following separation. |

|Georgia |Georgia does not require employers to provide paid leave (vacation, sick leave, paid time off) to employees. |

| |Paid time off is almost exclusively a creature of the employment contract, and generally is not mandated by statute |

| |or case law. |

| |An employee’s final pay check (following either discharge or resignation) is due on the next regular payday |

| |following separation. |

|Hawaii |Hawaii does not require employers to provide paid vacation or paid sick leave to employees. |

| |If an employer elects to provide such a benefit, the employer must put the policy in writing and distribute it to |

| |all eligible employees or post the vacation/sick leave policy in an area readily accessible to employees. The |

| |written policy must set forth all the terms and conditions for receiving paid vacation or sick leave. |

| |Employees terminated with or without cause must receive payment for all wages earned up to the date of termination, |

| |at the time of termination. (“Wages” may include vacation leave if the employer’s vacation leave policy specifies |

| |that employees receive payment for any unused vacation leave upon separation from employment.) |

| |Employees who believe that their employers have not complied with the written policy may file administrative |

| |complaints with the Department of Labor and Industrial Relations. Haw. Rev. Stat. Section 388-7(3). |

| |Final payment to discharged employees is due immediately or on the next working day if immediate payment not |

| |possible. Final payment to employees who resign is due on the last day of work if at least one payroll period’s |

| |advance notice is given; on the next regular payday if less than one payroll period’s advance notice is given. Haw.|

| |Rev. Stat. §388-3. |

|Idaho |Idaho does not require employers to provide paid vacation or paid sick leave to employees. |

| |If paid vacation is provided, it is considered “wages”, and upon layoff or termination of employment by either the |

| |employer or employee, payment for earned but unused vacation should be made to the employee by the next regularly |

| |scheduled payday or within 10 days of the layoff or termination, excluding weekends and holidays, whichever is |

| |earlier. Idaho Code § 45-601(7), Idaho Code § 45-606 as interpreted through case law. |

| |There is no case law deciding whether accumulated sick leave is "wages" for purposes of Idaho Code §§ 45-601 and |

| |606. |

| |The employer must make payment within 48 hours upon employee demand. |

|Illinois |Illinois law does not require employers to provide its employees with paid vacation. However, if paid vacation is |

| |provided, it is considered earned wages for purposes of Illinois wage and hour laws. Therefore, all earned and |

| |unused vacation must be paid at termination, or the employer faces penalties up to 200% of the unpaid wages. 820 |

| |ILCS 115/5. |

| |Illinois employers are not required to provide paid sick leave. Earned and unused paid sick leave is not considered |

| |earned wages and does not have to be paid at termination, unlike earned and unused paid vacation. 820 ILCS 115/2. |

| |The Illinois Labor Commissioner construes Paid Time-Off (PTO) in the same manner as paid vacation. 56 Ill.Admin Code|

| |300.520(f). Therefore, PTO is considered earned wages, payable upon termination. 820 ILCS 115/5. |

| |Final payment to all employees separated from employment is due immediately, if possible, but no later than the next|

| |regular payday. 820 ILCS 115/5. |

|Indiana |Indiana does not require employers to provide paid vacation or paid sick leave to employees. |

| |If provided, paid vacation constitutes deferred compensation in lieu of wages absent an agreement or written and |

| |published policy to the contrary. Accrued and unpaid vacation must be paid upon separation from employment absent |

| |an agreement or policy to the contrary. Indiana Wage Payment Statute, as interpreted through case law. The |

| |contract/policy must be unequivocal. |

| |There are no requirements to pay accrued but unused sick leave at separation of employment, as sick leave does not |

| |constitute employment as interpreted through case law. |

| |Final payment to all employees separated from employment is due on the next regular payday. IC 22-2-5-1. |

|Iowa |Iowa employers must pay suspended or terminated employees (including those who voluntarily quit) all wages earned, |

| |including accrued vacation, which must be paid to suspended or terminated employees based on the fraction of the |

| |year actually worked provided the employer has a policy or agreement with the employee that provides vacation will |

| |accrue on a pro rata basis. Iowa Code Section 91A.4. |

| |An employer can establish a policy prohibiting employees who are terminated or voluntarily resign without proper |

| |notice from receiving accrued and unused vacation. Iowa Code § 91A.2(7). |

| |Accrued but unused sick leave may be forfeited at termination under an express written contract or policy. |

| |Final payment to all employees separated from employment is due on the next regular payday. Iowa Code Section 91A.4.|

|Kansas |Kansas does not require employers to provide paid vacation, sick leave or other time off to employees. |

| |If paid vacation, sick leave, or other time off is provided, once it is earned under the terms and preconditions of |

| |the employer’s policy, it cannot be forfeited and will be considered earned wages for purposes of the Kansas Wage |

| |Payment Act. K.S.A. 44-313 to K.S.A. 44-315(b) as interpreted by case law. |

| |Final payment to all employees separated from employment is due on the next regular payday. K.S.A. 44-315(b). |

|Kentucky |Kentucky law does not require that a private employer provide paid vacation to its employees.  However, vested |

| |vacation pay is included in the definition of “wages”.  KRS 337.010(1)(c).  Therefore, under the terms of |

| |employment, if an employee has accumulated vacation pay, then the wage and hour laws require it to be paid to the |

| |employee upon termination.  KRS 337.055. |

| |Kentucky law does not require that a private employer provide paid sick leave to its employees.  Whether sick leave |

| |is included in “wages” and, thus, payable to the employee upon termination, is dependent on the terms of employment.|

| |Kentucky law does not require that a private employer provide paid time off or personal leave to its employees.  |

| |However, under the terms of employment, if an employee has accumulated paid leave, it must be paid to the employer |

| |upon termination.  KRS 337.055. |

| |Final payment to all employees separated from employment is due no later than the next regular payday or 14 days |

| |after termination, whichever occurs last. |

|Louisiana |Louisiana law does not require employers to provide paid vacation to their employees. However, if paid vacation is |

| |provided, any accrued and unused vacation leave under the employer's vacation policy is considered earned “wages” |

| |due within 15 days of the employee's termination or the next regular payday, whichever comes first. La. Rev. Stat. §|

| |23:631. Failure to pay timely can result in liability for penalty wages and attorneys' fees. |

| |Louisiana does not require paid sick leave to be provided to Louisiana employees. Whether sick leave as to be paid |

| |out at termination is not settled in Louisiana. There are a few LA courts which treat sick leave the same as |

| |vacation however they do not discuss the issue directly.  Most courts do not treat sick leave as an earned benefit |

| |like vacation.  The difference is most sick leave does not accrue based on length of employment whereas vacation |

| |usually does.  Thus, if sick leave does not accrue under an employer’s policy, then the employer is safe not paying |

| |it out upon termination.  |

| |Final payment to all employees separated from employment is due on the next regular payday or within 15 days, |

| |whichever is earlier. La. Rev. Stat. § 23:631. |

|Maine |Maine does not require employers to provide paid vacation, paid sick leave, or paid time off to employees. |

| |Vacation pay amounts to “wages” under Maine’s wage payment act if, under the terms of employment, the employee is |

| |entitled to the vacation pay. Employers have the right to “condition the vesting of a benefit right” on the |

| |performance of services, or on some other act, “such as continued employment until a given date.” A “use it or lose |

| |it” policy is okay. Rowell v. Jones & Vining, Inc., 524 A.2d 1208, 1211 (Me. 1987). |

| |If the terms of employment include provisions for paid vacations, vacation pay on cessation of employment has the |

| |same status as wages earned. |

| |The Maine Department of Labor has not provided any guidance as to whether sick leave or paid time off is considered |

| |“wages” under Maine's wage payment laws. |

| |Final payment to all employees separated from employment is due on the next payday or within two weeks of employee |

| |demand, whichever is earlier. Maine Rev. Stat. §626. |

|Maryland |Maryland law does not require employers to provide its employees with paid vacation.  However, if paid vacation is |

| |provided, it may be considered earned wages for purposes of Maryland’s wage payment law.  Whether earned vacation is|

| |payable as earned wages depends on the employer’s policy and what it states regarding an employee’s right to |

| |vacation pay upon separation of employment.  It is permissible to maintain a policy that employees are not paid for |

| |accrued vacation pay once they leave employment; however, this policy must be in writing and effectively |

| |communicated to employees. |

| |Maryland employers are not required to provide paid sick leave.  If provided, however, sick leave is not considered |

| |earned wages, and does not have to be paid at termination.  |

| |Final payment to all employees separated from employment is due on the next regular payday.   Md. Labor Code §3-505.|

|Massachusetts |The Attorney General is of the view that because paid vacation time constitutes "wages," such "wages" must be paid |

| |to any departing employee, and that any agreement requiring a departing employee to forfeit earned vacation violates|

| |the statute's prohibition against "special contracts" exempting the employer from the statute's requirements. |

| |Sick time is not considered “wages” and does not have to be paid out at termination. If PTO includes vacation and |

| |sick time, it is best to pay PTO at termination. |

| |Final payment to discharged employees is due immediately. Final payment to employees who resign is due on the next |

| |regular payday, or if there is no regular payday, on the following Saturday. Mass. Gen. Laws ch.149 §148. |

|Michigan |“Fringe benefits” include compensation for vacation under Michigan’s Wage and Fringe Benefit Act. (MCL 408.471 et |

| |seq.). |

| |The Act does not mandate the provision of any particular fringe benefit or set of fringe benefits, but requires an |

| |employer to provide those fringe benefits specified by written contract or written policy. Promises of fringe |

| |benefits not reduced to writing are outside of the statute’s coverage. Payment specified to occur at termination can|

| |not be withheld unless agreed upon in writing, obtained with the full and free consent of the employee, without |

| |intimidation or fear of discharge for refusing to agree. |

| |Final payment to all employees separated from employment is due as soon as the amount can be determined with due |

| |diligence. MCL 408.475. |

|Minnesota |Minnesota does not require employers to provide paid vacation or paid sick leave to employees. |

| |There are no requirements governing final payment of paid vacation, paid sick leave or PTO if the employer chooses |

| |to provide paid vacation or paid sick leave. Any employee’s vacation-pay rights are wholly contractual. Minn. Stat.|

| |§ 181.9413 and as interpreted by case law. |

| |Final payment to discharged employees is due on the next regularly scheduled payday unless such payday is less than |

| |5 days following termination, in which case the employer may wait until the second regularly scheduled payday not to|

| |exceed 20 days. Final payment to employees who resign is due on the next regular payday unless an applicable |

| |collective bargaining agreement contains a different provision. Minn. Stat. §181.14. |

|Mississippi |Mississippi does not require employers to provide paid vacation, paid sick leave or paid time off to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation. |

| |The Mississippi Supreme Court has held that an employee who is contractually owed vacation pay, sick leave, or paid |

| |time off at the time of his or her involuntary dismissal has a claim for such pay against his or her employer. |

| |Final payment to all employees separated from employment is due immediately but no later than the next regular |

| |payday. |

|Missouri |Missouri does not require employers to provide paid vacation to employees. |

| |The law requiring payment of wages upon termination does not include vacation pay or sick leave, unless an |

| |employment agreement or company policy authorizes payment for unused vacation. |

| |Final payment to discharged employees is due immediately or within 7 days if employee requests to have wages sent to|

| |any station or office where a regular agent is kept. MRS §290.110. |

|Montana |Montana does not require private employers to provide paid vacation, paid sick leave, or paid time off to employees.|

| | |

| |If provided, accrued, but unused vacation is considered wages due and payable upon separation from employment, as |

| |interpreted by case law. |

| |Final payment to discharged employees is due immediately or within 15 days if an employer’s written personnel policy|

| |extends the time for final payments. Final payment to employees who resign is due on earlier of the next regular |

| |payday or within 15 days. Mont. Code §39-3-205. |

|Nebraska |Nebraska employers must pay out accrued vacation when an employee terminates, regardless of the reason for the |

| |termination.  |

| |Other benefits, such as sick leave, need not be paid out at termination unless agreed to by the employer.   |

| |The law does not specifically address PTO; but, in cases where employers use PTO to accrue vacation days (among |

| |other things), a terminating employee would have a strong argument that this is accrued vacation which must be paid |

| |out at termination. |

| |Final payment to discharged employees is due within the earlier of two weeks or on the next regular payday. Neb. |

| |Rev. Statutes 48-1229, as revised by LB 255.

|Nevada |Nevada does not require employers to provide paid vacation, paid sick leave, or paid time off to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation, paid sick|

| |leave, or paid time off. It is strictly a matter of company policy, and the company may require mandatory notice of|

| |resignation. |

| |The Nevada Labor Commissioner construes Paid Time Off (PTO) in the same manner as paid vacation; thus PTO is not |

| |required to be paid at termination. |

| |Final payment to discharged employees is due immediately following discharge. Final payment to employees who resign|

| |is due on the next regular payday or 7 days after termination, whichever is earlier. NRS Ann. 608.020. |

|New Hampshire |New Hampshire employers are not required to provide their employees with paid vacation, sick or paid time off. |

| |However, vacation, sick or paid time off pay amounts to "wages" under New Hampshire's wage payment act if, under the|

| |terms of employment, the employee is entitled to vacation, sick or paid time off pay. RSA. § 275:43(III). |

| |A policy conditioning entitlement to vacation or sick pay upon certain conditions is likely enforceable as long as |

| |employees are given written notice of the polocy. However, courts will also look to see if there is a “practice” of|

| |paying the wages upon differnet conditions. |

| |Final payment to discharged employees is due within 72 hours. Final payment to employees who resign is due on the |

| |next regular payday, unless the employer refuses to allow the employee to work the period of notice, in which case, |

| |payment is due within 72 hours. NH Lab. §803.02. |

|New Jersey |New Jersey law does not require employers to provide its employees with paid vacation. However, if paid vacation is |

| |provided, it is considered earned wages for purposes of New Jersey wage and hour law. Therefore, all earned and |

| |unused vacation must be paid at termination, or the employer faces possible penalties. |

| |Paid sick leave is not required to be provided by New Jersey employers. However, if provided, unlike paid vacation, |

| |it is not considered earned wages, and does not have to be paid at termination unless it is part of a contract |

| |obligation. |

| |New Jersey Department of Labor considers Paid Time Off (PTO) in the same manner as paid vacation. Therefore, PTO is |

| |contractually earned wages, and is payable upon termination. |

| |Final payment to all employees separated from employment is due on the next regular payday. NJ Code 34:11-4.3. |

|New Mexico |New Mexico does not require employers to provide paid vacation to employees. |

| |If the employer provides paid vacation, accrued but unused vacation may be considered wages or compensation (so long|

| |as the amount is fixed and definite) under New Mexico’s wage and hour laws and must be paid at termination. In the |

| |absence of a written agreement or standard policy, New Mexico courts are often very willing to find that employee |

| |handbooks constitute contracts. |

| |Final payment to discharged employees is due within 5 days if employees are paid a fixed, definite amount; within 10|

| |days if employees are paid on a task, piece, commission, or other basis. Final payment to employees who resign is |

| |due on the next regular payday if there no written employment contract. NM Code §50-4-5. |

|New York |New York does not require employers to provide paid vacation to employees. |

| |The law requiring payment of wages upon termination does not include vacation pay, unless an employment agreement or|

| |company policy authorizes payment for unused vacation. |

| |New York courts have held that an agreement to furnish benefits or wage supplements, such as vacation, can specify |

| |that employees forfeit accrued benefits under certain conditions. New York requires employers to notify their |

| |employees about any policy they do have regarding vacation, sick leave, personal leave, holidays, and hours. |

| |Notification can be in writing or by posting such information publicly. |

| |Final payment to all employees separated from employment is due on the next regular payday. |

|North Carolina |North Carolina does not require employers to provide paid vacation, paid sick leave, or paid time off to employees. |

| |If paid vacation, paid sick leave, or paid time off is provided, and in the absence of an employer’s policy to the |

| |contrary, paid vacation, paid sick leave, and paid time off are considered earned wages. Any accrued but unused |

| |vacation, paid sick leave and PTO must be paid at termination, unless the employer’s policy states otherwise. |

| |To avoid paying accrued but unused vacation, sick leave or PTO employers should expressly state its policy in |

| |writing and provide the policy to employees in advance of the employee earning such benefits. Once the employee has |

| |earned the benefits, the employer is prevented from rescinding them unless the employer has notified the employee of|

| |the conditions for the loss of benefits in advance of the time when the vacation is earned. N.C. Gen. Stat. § |

| |95-25.12. |

| |Final payment to all employees separated from employment is due on the next regular payday. N.C. Gen Stat. |

| |§95-25.7. |

|North Dakota |North Dakota does not require employers to provide paid vacation to employees. If paid vacation or PTO is provided, |

| |these earned but unused benefits must be paid out on termination of employment.  If an employer allows employees to |

| |run a negative balance on PTO or vacation, the employer may not recover that balance on termination. |

| |Vacation or PTO is payable as wages on the first regular pay day following termination -- whether voluntary or |

| |involuntary -- not to exceed 30 days. |

| |Sick leave is not required to be paid out at termination. |

| |Final payment to all employees separated from employment is due by the next regular payday. ND Admin Code §34-14-03.|

|Ohio |In Ohio, there is not a simple answer regarding whether accrued vacation time must be paid out at termination.  |

| |First, there is no statute that deals with this issue.  Second, it could depend on exactly what the employer's |

| |policy provides in terms of how and when an employee becomes eligible for vacation days.  There is an argument that |

| |vacation is something to which an employee is entitled only as a result of the employer's policy, and thus the |

| |entitlement to vacation pay, if any, should be governed by the terms of that policy.  For example, if the employer |

| |has a "use it or lose it" vacation policy that requires an employee to take vacation in order to get paid and does |

| |not allow for any payment for unused vacation or any carryover from one vacation year to the next, the employer |

| |might be able to argue successfully that an employee whose employment ends, regardless of reason, should not be paid|

| |for any unused vacation days. However, there are a number of cases where Ohio courts have determined that vacation |

| |is not a gift or gratuity, but a form of compensation for services, and therefore an employer must pay a departing |

| |employee for his unused vacation.  See e.g., Schuler v. USA Tire, Inc., 1991 WL 106030 (Butler County Ohio Court of |

| |Appeals 12th District); See also Straughn v. Dillard Department Store, 1996 WL 132228 (Stark County Ohio Court of |

| |Appeals 5th District).  This would be particularly so if the vacation policy provides that an employee "earns" or |

| |"accrues" so much vacation after working a specific period of time.  In that event the likelihood is that a court |

| |will not permit a forfeiture of unused, but earned or accrued vacation.  |

| |Bottom line - while an employer can try to structure its vacation policy to try not to pay a departing employee for |

| |unused vacation under certain circumstances, there is no assurance in Ohio that a court will deny payment to an |

| |employee for unused vacation, regardless of what the policy says.  Generally (although not always) a court will |

| |require payment despite what the policy says and not allow what the court believes is a forfeiture.  |

|Oklahoma |Oklahoma law does not require employers to provide its employees with paid vacation or sick leave.  However, if paid|

| |vacation or paid sick leave is accrued, it is considered earned wages for purposes of Oklahoma and must be paid at |

| |termination.  |

| |Final payment to all employees separated from employment is due by the next regular payday, unless a collective |

| |bargaining agreement provides otherwise. Okl. Gen Stat. § 165.3. |

|Oregon |Oregon law does not require employers to provide paid vacation to employees. |

| |Any policy or contract that the employer adopts regarding vacation pay will be enforced according to its terms. |

| |Employers are not prohibited from adopting a “use it or lose it” policy, under which an employee is prohibited from |

| |receiving accrued, but unused vacation leave at the time of their termination. To avoid disputes in this area, it |

| |is recommended that employers clearly communicate this policy to their employees. |

| |Final payment to discharged employees is due not later than the end of the first business day after termination. |

| |Final payment to employees who resign is due on the last day of employment if at least 48 hours' notice is given, or|

| |if no notice is given, on the earlier of within 5 working days or on the next regular payday. ORS §652.140. |

|Pennsylvania |Pennsylvania law does not require employers to provide its employees with paid vacation or sick leave. Therefore, |

| |an employer does not have to pay its employees vacation pay or sick pay unless it provides for such in a contract or|

| |policy – in which case, the employer will be required to pay its employees vacation and sick pay upon termination. |

| |Final payment to all employees separated from employment is due on the next regular payday. Penn. Stat. §260.5. |

|Puerto Rico |Puerto Rico requires employers to provide vacation and sick leave to its employees. Vacation shall be accrued at |

| |the rate of 1.5 days per month for every month in which the employee worked at least 115 hours (totaling 18 days per|

| |year), and sick leave shall be accrued at the rate of 1.25 days per month for every month in which the employee |

| |worked at least 115 hours (totaling 15 days per year). |

| |The employer may allow the partial liquidation of accrued vacation leave in excess of ten (10) days upon written |

| |request by the employee. |

| |Sick leave not used by the employee in the course of the year shall be accrued for subsequent years up to a maximum |

| |of fifteen (15) days. |

| |Accrued but unused and unliquidated vacation and sick leave must be paid at termination. Puerto Rico Code §247. |

| |Final payment to all employees separated from employment is due on the next regular payday. Puerto Rico Code §173. |

|Rhode Island |Whenever an employee is separated from the payroll of an employer after completing at least one year of service, any|

| |vacation pay (or PTO) accrued by collective bargaining, company policy or other agreement between employer and |

| |employee becomes wages and is payable in full or on a prorated basis with all other due wages on the next regular |

| |payday of employee (or within 24 hours whenever an employer separates any employee from the payroll as a result of |

| |the employer liquidating the business, merging the business, disposing of the business or removing the business out |

| |of state). |

| |Employers are not required to provide sick leave pay on termination. |

| |Final payment to employees discharged from employment is due on the next regular payday. RI Gen Laws § 28-14-4. |

|South Carolina |South Carolina law does not require employers to provide their employees with paid vacation. However, if paid |

| |vacation is provided, it may be considered "wages" for purposes of South Carolina wage payment act if such payments |

| |are due under any employment policy or employment contract. In such a case, it is paid upon termination. S.C. Code |

| |Ann. §41-10-10. |

| |Employers in South Carolina are not required to provide their employees with paid sick leave. However, if an |

| |employer does provide paid sick leave to its employees, under South Carolina law, it may be considered "wages" for |

| |purposes of the wage payment act if such payments are due under any employment policy or employment contract. In |

| |such case, it is paid upon termination. S.C. Code Ann. §41-10-10. |

| |Final payment to discharged employees is due within 48 hours or by the next regular payday, which cannot be more |

| |than 30 days from termination. SC Code §41-10-50. |

|South Dakota |Currently, there are no specific state statutes regarding vacation, sick leave, or paid time off. |

| |In most circumstances, accrued but unused vacation, sick leave, or paid time off must be paid to the employee unless|

| |specified otherwise in a handbook or employee contract. |

| |Final payment to all employees separated from employment is due no later than the next regular payday or as soon as |

| |the employee returns all employer property. SD Codified Laws §§60-11-10, 60-11-11. |

|Tennessee |There are no state laws in Tennessee regulating vacations or vacation pay. Most employers, however, provide |

| |employees with either vacation time off or vacation pay, typically determined by the employee’s length of service |

| |and/or position. In Tennessee, an employer may not withhold earned but not taken pro rata vacation benefits from an |

| |employee who is terminated or quits without notice. |

| |Final payment to all employees separated from employment is due within 21 days or on the next regular payday, |

| |whichever occurs last. Tenn. Code §50-2-103. |

|Texas |Texas does not require employers to provide paid vacation, sick leave, or paid time off to employees. |

| |If provided, the payment of accrued but unused vacation upon termination is governed by the individual employer’s |

| |policy. If the employer establishes a policy for accrual of vacation leave, it must be communicated to the |

| |employees clearly, preferably in writing, and followed until such policies are changed. |

| |Paid time off is treated the same as vacation pay and sick leave. |

| |Final payment to discharged employees is due no later than 6 days after termination. Final payment to employees who|

| |resign is due not later than the next regular payday. Tex. Lab. Code §61.014. |

|Utah |Utah does not have a law that requires employers to provide any sort of paid vacation or other paid time off to |

| |their employees. It is permissible in Utah to have a policy which provides for the forfeiture of earned, but unused|

| |vacation time upon termination. However, any such policy that an employer voluntarily adopts will be enforced |

| |according to its terms. |

| |Final payment to discharged employees is due within 24 hours. Final payment to employees who resign is due on the |

| |next regular payday. Utah Code § 34-28-5. |

|Vermont |Vermont law does not require an employer to provide its employees with paid vacation, paid sick leave or paid time |

| |off.  However, if an employer promises to provide an employee vacation pay, sick leave or paid time off it must |

| |comply with its promissory obligations. Upon termination, an employer does not have to pay an employee for his or |

| |her unused accrued vacation pay, sick pay or paid time off unless the employer provided the employee with a written |

| |statement agreeing to do so.  21 V.S.A. § 345a |

| |Final payment to discharged employees is due within 72 hours. Final payment to employees who resign is due on the |

| |next regular payday or on the last day of employment if one pay period's notice is given. 21 V.S.A. §342. |

|Virginia |Virginia does not require employers to provide vacation, sick leave, or paid time off to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation, sick |

| |leave or paid time off. The Virginia Department of Labor and Industry (DOLI) will not attempt to collect money for |

| |earned or unearned vacation time not paid at termination. |

| |If an employer gives an employee credit for pay in lieu of vacation time already earned under a company policy |

| |providing for such a benefit, the employer may not later deduct such amounts from monies identified as being owed |

| |for time actually worked. DOLI Field Operations Manual § 10-1(E). |

| |Final payment to all employees separated from employment is due on the next regular payday. VA Code §40.1-29. |

|Washington |Washington does not require employers to provide vacation, sick leave or paid time off to employees. |

| |There are no requirements governing final payment of PTO if the employer chooses to provide paid vacation, unless |

| |the employer has promised to pay. |

| |Final payment to all employees separated from employment is due by the end of the current pay period. Wash Rev. Cod|

| |§49.48.010. |

|West Virginia |West Virginia does not require employers to provide vacation, sick leave or paid time off to employees. |

| |If paid vacation, sick leave or time off is provided, it is considered earned wages for purposes of West Virginia's |

| |Wage Payment and Collection Act. Therefore, all earned and unused vacation must be paid within 72 hours of |

| |termination. W.Va. Code § 21-5-4. Final payment to employees who resign is due on the next regular payday. |

|Wisconsin |Wisconsin does not require private employers to provide either paid or unpaid time off to employees.  However, |

| |private employers in the state may bind themselves to provide such time off through collective bargaining agreements|

| |and employment contracts. If an employer’s policy states that any accrued, unused sick leave, PTO, or vacation will |

| |NOT be paid out upon termination, then the employer is not obligated to pay out unused balances upon the employee's |

| |termination date.  |

| |Final payment to all employees separated from employment is due on the next regular payday or in 31 days, whichever |

| |is earlier. Wisc. Stat. §109.03. |

|Wyoming |Wyoming does not require employers to provide paid vacation to employees. |

| |If paid vacation is provided, the Wyoming Department of Employment considers accrued vacation as earned wages for |

| |purposes of Wyoming’s wage and hour laws. |

| |All earned but unused vacation (for both discharged and resigned employees) must be paid within five working days of|

| |the date of termination. Wyo. Stat. § 27-4-104; |

| |Although the Wyoming Supreme Court has not addressed this question, at least one district court has determined that |

| |accrued vacation may not be considered earned wages where the agreement between the employer and employee permits |

| |forfeiture of the vacation upon resignation if the employee does not give two weeks of notice. |

| |An employer may provide that accrued but unused sick or personal leave days will not be paid upon cessation of |

| |employment. . |

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