PTO Legal Requirements - Know Your Rights
Understand the legal requirements surrounding PTO. Learn what employers are obligated to provide, your rights as an employee, and how to protect your earned time off.
Federal Requirements
There is no federal law requiring private employers to provide paid vacation, PTO, or holidays. The FLSA (Fair Labor Standards Act) doesn't mandate paid time off. However, once PTO is offered, various laws may apply.
State-Level Requirements
Some states mandate paid sick leave (California, Washington, Oregon, etc.). Several states require vacation payout upon termination. A few states restrict use-it-or-lose-it policies. Local ordinances may add additional requirements.
Employer Obligations
Once PTO is promised (via policy, contract, or handbook), employers must: honor their stated policy, apply policies consistently, provide required notice of policy changes, and pay out PTO as required by state law.
Employee Rights
Employees typically have the right to: receive promised PTO benefits, be paid out according to state law, not have earned PTO retroactively taken away, and file complaints for violations.