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My employers handbook says they do not pay out unused PTO…

Customer Question
My employers handbook says...

My employers handbook says they do not pay out unused PTO upon separation. Yet Texas State law says if you give two week notice, it is required that they pay out your PTO. Am I reading this law incorrectly? http://www.twc.state.tx.us/news/efte/accrued_leave_payouts.html

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

At first, payroll said they do pay out to CA and TX but a day later replied with this "My apologies. I was incorrect in my statement. We do not pay out leave to Texas employees, because of our policy. Please see the link below."

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a full time position

Submitted: 10 months ago.Category: Employment Law
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9/5/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 10 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,328
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 10 months ago

Payout is only required if there is an employer's written policy regarding the payout. So, if your employer has policy about not making this payment to Texas employees, then the employer is not required to pay you the unused PTO. See the bolded and underlined text below:

http://www.twc.state.tx.us/news/efte/accrued_leave_payouts.html

"Payouts of accrued leave are required under the Texas Payday Law only if such a payment is promised by the employer in a written policy or agreement. The payout would be controlled by the wording of the policy or agreement. If no such policy exists, the company would not owe such a payment. A sample policy for accrued leave payouts might look something like this:

Unused paid leave is forfeited when an employee separates from employment. However, employees who are laid off for economic reasons, or who resign with at least two weeks' advance written notice, will receive the balance of any unpaid leave remaining at the time of the work separation. Paid or unpaid leave time may not be counted toward such a notice period."

I am sorry that I do not have better news for you.

Have a wonderful day!

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