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Leaving a job- PTO and extended illness bank payouts
Posted on 5/31/16 at 10:41 am
Posted on 5/31/16 at 10:41 am
If you leave a job do they have to pay you for any remaining PTO time and extended illness time you have accumulated? If so, do they pay them at %100? And do they pay you for extended illness time if you accumulate paid time from that?
This post was edited on 5/31/16 at 10:43 am
Posted on 5/31/16 at 10:42 am to TechDawg2007
Yes, in my experience.
Posted on 5/31/16 at 10:42 am to TechDawg2007
In most states that would up to the employer (a few states regulate this by law).
So, check your employment policies or ask HR because we don't know.
So, check your employment policies or ask HR because we don't know.
This post was edited on 5/31/16 at 10:44 am
Posted on 5/31/16 at 10:43 am to TechDawg2007
In ignorance I would assume you are due PTO but not due illness.
Posted on 5/31/16 at 10:46 am to Swoopin
You will get PTO days but I do not think you will get sick days paid.
Posted on 5/31/16 at 10:48 am to TechDawg2007
In Louisiana I think they have to pay you PTO.
Posted on 5/31/16 at 10:48 am to TechDawg2007
it depends what state you're in and if the company is small or not and if you plan on getting a lawyer to get what's yours.
Posted on 5/31/16 at 10:50 am to TechDawg2007
Depends on the State & what your Handbook says. From my research, sick pay is not paid in any state. But, I have not searched in detail for all. Depending on the language, the PTO is typically required to be paid. However, you have to look for words like earned or accrued (paid) & accumulated (potentially unpaid)
Posted on 5/31/16 at 10:56 am to TechDawg2007
At my job, I think you have to use the time while still with the company, or you get nothing.
For example, if a person has 2 weeks of PTO remaining and he wants to peace out in two weeks, they just call it a day and use that PTO instead of working those two weeks.
For example, if a person has 2 weeks of PTO remaining and he wants to peace out in two weeks, they just call it a day and use that PTO instead of working those two weeks.
Posted on 5/31/16 at 10:56 am to TechDawg2007
100 percent of PTO here
40 percent of accumulated sick days, up to 125.
40 percent of accumulated sick days, up to 125.
Posted on 5/31/16 at 11:01 am to TechDawg2007
PTO must only be paid if it is accrued
If you get a lump sum, say, every work anniversary, then they don't have to pay it to you
From memory
If you get a lump sum, say, every work anniversary, then they don't have to pay it to you
From memory
Posted on 5/31/16 at 11:03 am to Minnesota Tiger
Depends on the company policy. However, LA law requires payout of vacation pay if the time has been accrued under company policy. Company has 15 days to pay after termination.
§631. Discharge or resignation of employees; payment after termination of employment
A.(1)(a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.
(b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first.
(2) Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the laborer or other employee, provided postage has been prepaid and the envelope properly addressed with the employee's or laborer's current address as shown in the employer's records. In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed. The timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service.
(3) The provisions of this Subsection shall not apply when there is a collective bargaining agreement between the employer and the laborer or other employee which provides otherwise.
B. In the event of a dispute as to the amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section. The employee shall have the right to file an action to enforce such a wage claim and proceed pursuant to Code of Civil Procedure Article 2592.
C. With respect to interstate common carriers by rail, a legal holiday shall not be considered in computing the fifteen-day period provided for in Subsection A of this Section.
D.(1) For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.
(2) The provisions of this Subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employer's policy.
§631. Discharge or resignation of employees; payment after termination of employment
A.(1)(a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.
(b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first.
(2) Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the laborer or other employee, provided postage has been prepaid and the envelope properly addressed with the employee's or laborer's current address as shown in the employer's records. In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed. The timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service.
(3) The provisions of this Subsection shall not apply when there is a collective bargaining agreement between the employer and the laborer or other employee which provides otherwise.
B. In the event of a dispute as to the amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section. The employee shall have the right to file an action to enforce such a wage claim and proceed pursuant to Code of Civil Procedure Article 2592.
C. With respect to interstate common carriers by rail, a legal holiday shall not be considered in computing the fifteen-day period provided for in Subsection A of this Section.
D.(1) For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.
(2) The provisions of this Subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employer's policy.
Posted on 5/31/16 at 11:04 am to Jim Smith
And for what it's worth, the penalties are VERY stiff for employers that do not pay. Penalty is a day's pay for every day the employer has not paid up to 90 days.
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