Yeah, I'm not an expert but I was under the impression that accrued PTO or vacation time are considered wages earned here in Colorado and are owed to the employee upon termination.
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When our last contract ended, I received earned PTO as a payout. My company did not lump holidays etc. as some companies do. For the folks whose companies lump everything together and pre-give those hours, they ended up having to use or lose. I used a good portion and then was paid on the remainder I didn't use.
Great info here guys !!
I'm asking this info for my wife, whose coworkers are in HR and are telling her people in this state won't be paid PTO upon termination.
The company is downsizing at the moment and that didn't seem correct, so I'm investigating for her.
Here's a cut-n-paste from the PPM:
' XYZ Company' provides Paid Time Off (PTO) for eligible employees to use for vacation, illness or injury, and personal business.
Once you enter an eligible employment classification, you begin to earn PTO according to the schedule.
Once employment with 'XYZ Company' is terminated, you forfeit all unused PTO, as applicable by local, state, and federal law.
So it states PTO is an earned benefit, but also states it's forfeited upon termination, as applicable by local, state, and federal law.
Colorado law states unused PTO is paid out if I read the info correctly.
So sounds like the info she's getting from HR is false and the company is trying to duck out on paying it's employees PTO if they lay them off.
They reference earning PTO according to the schedule. Sounds like you earn a certain amount of hour per pay period. As far as I understand they have to pay you for what you have on the books.