What to do if I transferred to an office out of state with 160 hours of accrued PTO but my company did not pay out when I transferred?
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What to do if I transferred to an office out of state with 160 hours of accrued PTO but my company did not pay out when I transferred?
I have been with the same company for 3 years, last year I moved from to another state I left with 160 hours of accrued PTO. My company would not let me cash out since I was “transferring”. Now my PTO is frozen in my account, untouchable, I can’t even tap it for vacation. If/when I quit, must they pay me out? My former state law says yes but being that I’m in another state, I want to insure that I get what I earned (1 month of pay, thanks to never taking days off in 2 years). I requested to cash out when I transferred but was repeatedly told no.
Asked on July 30, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there was an agreement which let you cash out the time, that agreement should have been honored. Or if the law of the state you left allowed you to cash out prior to a transfer--however, I do not believe an state law does, by the way--you could have cashed out.
However, in the absence of an agreement guarantying your right to cash the time out or any laws giving you that right, then when you transferred to a location in a new state--which is also a new position at a new location--what you could do with your PTO would be limited by both company policy and the laws of the new state. That means that if the laws of the new state do not protect your PTO, and the policy at this location does not allow you to cash or pay it out, you may not have recourse.
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