PTO When Fired or Laid Off - Your Rights
Understand your PTO rights when employment ends involuntarily. Learn about payout requirements when you're fired or laid off and how to protect your earned time off.
Involuntary Termination and PTO
Whether you're fired, laid off, or your position is eliminated, your PTO rights are generally the same as if you resigned. State laws and company policy determine if you get paid out.
State Payout Requirements
States requiring payout (CA, CO, IL, MA, MT, NE, ND) must pay accrued vacation regardless of termination type. Other states defer to company policy, which should apply equally to all separations.
When to Expect Payment
California: Immediately upon termination. Most states: With final paycheck. Some states: Within 30 days. If your employer is delaying, document and follow up in writing.
Protecting Your Rights
Document your PTO balance before any termination signs. Save pay stubs showing accrual. Review your handbook's payout policy. If denied rightful payout, file a wage claim.