The federal Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave, or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee’s representative).
However, if employers choose to provide paid vacation or paid time off (PTO) to their employees, states have taken different approaches as to whether such time must be paid out upon an employee’s termination from employment. Some states consider paid vacation or PTO to be wages and require employers to pay out accrued, unused vacation or PTO upon an employee’s termination. Other states may take different approaches (such as leaving the payout decision to employer policy) or may not address the issue at all.
Our new Compliance Overview provides a high-level overview of each state’s approach to payout of accrued, unused vacation or PTO at termination of employment – click the following link to read the article: Overview of State Paid Time Off Payout Laws.
