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Mar03

Payment of PTO Upon Termination

What is the law in Florida regarding payment of PTO upon termination? Our organization has had a policy in the personnel manual stating that upon termination for any reason, employees are eligible for payment of 50% of their accumulated/unused earned time off. Is this legal or should it be 100%?

Thank you!

Florida does not have any laws that require an employer to provide employees with vacation benefits, either paid or unpaid. Florida’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave upon separation from employment. Due to the silence of Florida laws on vacation leave, employers are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract or policy regarding vacation.

Therefore, if your policy states 50% of their accumulated/unused earned time off is paid at termination then that is acceptable.

This entry was posted on Sunday, March 3rd, 2013 at 11:02 am and is filed under
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