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Can an employer keep your earned PTO time upon resignation?

Customer Question
JA: Because employment law varies...
Can an employer keep your earned PTO time upon resignation?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: There handbook states they can do this depending on state law. States your forfeit it immediately.
Submitted: 7 months ago.Category: Employment Law
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Answered in 6 minutes by:
5/12/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,208
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, under Oklahoma law, an employer is only required to pay unused accrued PTO upon separation of employment if there is a contract or policy expressly so requiring. (See Okla. Admin. Rules 380:30-1-5.) Since it appears your employer does not have such a policy, they would not typically have any legal obligation to pay your accrued PTO under the circumstances.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Category: Employment Law
Satisfied Customers: 13,208
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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