re: Leaving a job- PTO and extended illness bank payouts

For Christ sake sick time is not included. Read the case. If Vacation is accrued, it is paid out. It doesnt matter what they term the vacation. People seem to think it being termed PTO and included with sick time waives them of their right upon seperation. It doesnt

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Vacation pay due at termination? Vacation pay is considered “wages,” and once vacation time is accumulated, it is the property of the employee. Thus, unused earned time for paid vacation must be paid at termination. Penalties for violating compensation for vacation at termination are the same as for failure to pay last wages within 3 days of termination. Written or other policies requiring the forfeiture of such accrued rights are not enforceable (Beard v. Summit Institute, 707 So.2d 1233 (La. 1998)); (LA R.S. 23:631, 23:634, and 23:636).

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Like other states, Louisiana permits the employer to designate how much of the total PTO is vacation time, and how much is comparable to sick leave or personal time. This designation should be made in writing, preferably in the employee handbook. The designation must be reasonable. If an employee receives 20 days of PTO, the employer cannot designate 19 days as sick leave and 1 day as vacation time. It would be reasonable to designate 10 days as vacation and 10 days as sick leave. The designation also needs to be the same for all employees.

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