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PTO for Terminated Employees in DC

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dcite

Junior Member
What is the name of your state? Washington, DC

I've been searching the forum, as I know the question has been asked many times, but I can't seem to find anything relating to DC, perhaps because it's not a state and therefore has an entirely different set of laws.

In DC, if an employer offers Paid Time Off to its employees, upon termination, is the employer required by law to cash out all remaining PTO or this completely up to the discretion of the company? Is there any kind of law that relates to this issue?

Thanks so much in advance.
 


cbg

I'm a Northern Girl
In DC, earned but unused vacation/PTO is due at termination unless there is a company policy to the contrary.

As with any jurisdiction, earned time includes ONLY what has been earned at the time of termination, not, as so many mistakenly believe, that would have been earned over the balance of the year.
 

dcite

Junior Member
In DC, earned but unused vacation/PTO is due at termination unless there is a company policy to the contrary.

As with any jurisdiction, earned time includes ONLY what has been earned at the time of termination, not, as so many mistakenly believe, that would have been earned over the balance of the year.
Really? I just found an article in the Washington Post that doesn't even mention that it is due at termination. That's interesting.

Do you happen to know the statute that refers to that? Or at least where I could find that information? I've been searching all morning for this and haven't come up with anything.

Thanks so much for helping out.
 

cbg

I'm a Northern Girl
Well, I may have to backtrack a little. The summary I referred to indicated DC Code Ann. 32-1303. However, in checking the statute, I don't see that it refers to unused vacation pay at all. Let me do a little further research.
 

Betty

Senior Member
info from 2007: No provisions address payout of vacation/sick pay, but according to the D.C. Court of Appeals, leave time is a form of compensation & once vested is owed. In the absence of an agree. to the contrary, such compensation is due at termination.
Use it or Lose it policy: No provisions address "use it or lose it," but the DC Court of Appeals has ruled that employees who are notified expressly that there is a limit to the amt. of leave time they may accrue & who continue to work w/o protest, have accepted the new terms of employment.
Jones v. District Parking Management Co., DC App., 268 A.2d 860 (1970) & National Rifle Assoc. v. John C. Ailes, et al. 428 A.2d 816 (D.C. 1981)
 

cbg

I'm a Northern Girl
Betty, I always said you're the best researcher I know. Thanks!

(P.S. Don't tell JoeC I said that. :D)
 

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