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The key states that require PTO payout
There's no federal law requiring PTO payout at termination. Whether you receive it depends entirely on your state's law and your employer's written policy. Here's what you need to know by state:
States that require PTO payout (2025)
State
Rule
Notes
California
Always required
Accrued vacation = earned wages, cannot be forfeited
Colorado
Required since 2022
COMPS Order — applies to most employers
Illinois
Generally required
Unless policy explicitly and legally forfeits it
Montana
Generally required
After probation period ends
Nebraska
Required
If no written forfeiture policy exists
North Dakota
Required
Unless employee voluntarily quit without notice
States where it depends on policy
In most states (Texas, Florida, New York, Georgia, etc.), PTO payout at termination is entirely up to the employer's written policy. If your handbook says unused PTO is forfeited, it's likely enforceable. If the policy is silent, courts often require payout.
What to do before you leave a job
Read your employee handbook carefully for the PTO payout policy
Calculate your accrued balance before your last day
Request a written statement of your accrued PTO balance from HR
Know your state's law to understand if you have additional protections
Frequently Asked Questions
Not for already-accrued PTO. In states like California, accrued vacation is earned wages — employers cannot retroactively eliminate it. For future accrual, employers can change policies prospectively with reasonable notice.
In most states this is legal. However, California, Colorado, and a handful of other states prohibit forfeiture of accrued vacation. If you're in one of those states and your employer has this policy, it may be unenforceable.
Generally not. Most state laws that require PTO payout refer to vacation or PTO banks. Pure sick leave is usually exempt from payout requirements unless your employer's policy explicitly includes it or your state has specific sick leave payout rules.
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