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Unused PTO time

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L.J. Kelley

Junior Member
What is the name of your state? South Carolina
Per company policy, PTO (paid time off) accrues from 1st day of hire, and employee can use after 90 days. If employee resigns and works a two-week notice, company will pay unused PTO time up to 80 hours. (this is also stated in the employee handbook.) As of my last day, I had unused 56.45 hours. Final check paid me for 46.13 hours. I called to question it, and was told "that should have been terminated. The 46.13 is what it said on the printout, and that's all you're gonna get." The printout on the pay period ending date PRIOR to that showed 46.13 hours; however, I worked 3 weeks after that (the way the pay periods run) and accrued more time. My final check showed 10.32 hours still owed me. I have check stubs verifying that. I think I should be able to get it. What does the law say?
Thank you.
 


Beth3

Senior Member
S.C. law says that final wages include vacation pay when the employer has a policy of paying out accrued but unused vacation upon separation. Assuming your employer doesn't have a policy of shorting employees on their PTO when they leave, then they need to pay out the remainder of the time to you. If they don't, contact S.C.'s Department of Labor and file a complaint.
 

L.J. Kelley

Junior Member
Fringe benefits

Thank you very much, Beth....my next call will be to the labor board (as soon as I can find my way through the maze of departments and divisions and "office of".)
 

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