Centreville, VA asked in Employment Law and Workers' Compensation for Virginia

Q: Is my employer (Oregon) supposed to pay out accrued PTO if it is their in the employee handbook? I'm working from VA.

I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out accrued PTO time, but given that their HR department is unresponsive when I asked them this question, I am doubtful they will pay out. Do I have any legal recourse?

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
Answered

A: Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.

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