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PTO payout laws by state

Payout is required by law in 14 states. Elsewhere the employer's written policy decides.

StateRuleDetailSource
AlabamaPer written policyNo statute. A written vacation policy controls and cannot be withdrawn without advance notice.read the rulechecked October 29, 2026
AlaskaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
ArizonaPer written policyPayout is governed by the employer's policy. The final-wages statute does not expressly cover PTO.A.R.S. 23-350checked October 29, 2026
ArkansasPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
CaliforniaRequired by lawEarned but unused vacation and PTO is earned wages and must be paid when you leave the job. Use-it-or-lose-it policies are not allowed.Labor Code 227.3checked October 29, 2026
ColoradoRequired by lawAll earned but unused vacation must be paid when you leave the job. Rules that take it away do not count.C.R.S. 8-4-101(14)(a)(III)checked October 29, 2026
ConnecticutPer written policyThe employer's written policy or contract governs payout of unused vacation.Conn. Gen. Stat. 31-76kchecked October 29, 2026
DelawarePer written policyThe employer's written policy or contract governs payout of unused vacation.19 Del. C. 1109checked October 29, 2026
District of ColumbiaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
FloridaNot requiredNo state law requires payout. The employer's policy controls.read the rulechecked October 29, 2026
GeorgiaPer written policyNo statute. Payout only if the employer's written policy or contract provides it.read the rulechecked October 29, 2026
HawaiiPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
IdahoPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
IllinoisRequired by lawEarned but unused vacation must be paid when you leave the job unless a written agreement says otherwise.820 ILCS 115/5checked October 29, 2026
IndianaRequired by lawEarned but unused vacation is wages and must be paid when you leave the job unless a written policy clearly provides otherwise.case law under Ind. Code 22-2-5checked October 29, 2026
IowaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
KansasPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
KentuckyPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
LouisianaRequired by lawEarned but unused vacation must be paid when you leave the job.La. R.S. 23:631(D)checked October 29, 2026
MaineRequired by lawPrivate employers with 11 or more employees must pay all unused vacation when you leave the job.26 M.R.S. 626checked October 29, 2026
MarylandRequired by lawEarned but unused vacation must be paid when you leave the job unless the employer has a written rule that unused time is lost given to the employee at hire.Md. Code, Lab. & Empl. 3-505checked October 29, 2026
MassachusettsRequired by lawEarned but unused vacation is wages and must be paid when you leave the job.M.G.L. c. 149, s. 148checked October 29, 2026
MichiganPer written policyThe employer's written policy or contract governs whether earned but unused vacation is paid when you leave the job.MCL 408.473checked October 29, 2026
MinnesotaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
MississippiPer written policyNo statute. The employer's written policy or contract governs.read the rulechecked October 29, 2026
MissouriPer written policyFinal wages do not include vacation unless the employer's policy or contract provides it.read the rulechecked October 29, 2026
MontanaRequired by lawEarned vacation is wages and must be paid when you leave the job. General PTO banks follow the written policy.MCA 39-3-201checked October 29, 2026
NebraskaRequired by lawEarned but unused vacation is wages and must be paid when you leave the job.Neb. Rev. Stat. 48-1229checked October 29, 2026
NevadaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
New HampshirePer written policyThe employer's written policy or contract governs payout of unused vacation.RSA 275:49checked October 29, 2026
New JerseyPer written policyUnused vacation is wages only if the employer's policy, agreement or union contract says so.read the rulechecked October 29, 2026
New MexicoRequired by lawEarned vacation is treated as wages by the state supreme court and must be paid when you leave the job.case law under NMSA 50-4-1checked October 29, 2026
New YorkPer written policyGoverned by the employer's written policy. Without a written rule that unused time is lost, unused vacation must be paid out.Labor Law 198-cchecked October 29, 2026
North CarolinaRequired by lawEarned but unused vacation must be paid when you leave the job unless the written policy has a clear rule that unused time is lost that was given to the employee in advance.N.C.G.S. 95-25.12, 95-25.13checked October 29, 2026
North DakotaRequired by lawEarned vacation must be paid when you leave the job. Limited exceptions apply to employees who quit within the first year or without 5 days' notice.N.D. Admin. Code 46-02-07-02(12)checked October 29, 2026
OhioPer written policyCourts treat earned vacation as deferred wages payable when you leave the job unless the written policy says otherwise.case lawchecked October 29, 2026
OklahomaPer written policyThe employer's written policy or contract governs payout of unused vacation.40 O.S. 165.1checked October 29, 2026
OregonPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
PennsylvaniaPer written policyNo statute. The employer's written policy controls.read the rulechecked October 29, 2026
Rhode IslandRequired by lawEmployees with at least one year of service must be paid all earned vacation when you leave the job.R.I. Gen. Laws 28-14-4(b)checked October 29, 2026
South CarolinaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
South DakotaPer written policyNo statute. The employer's written policy or contract governs.read the rulechecked October 29, 2026
TennesseePer written policyThe employer's written policy or contract governs payout of unused vacation.Tenn. Code 50-2-103(a)(3)checked October 29, 2026
TexasPer written policyPaid out only if the employer's written policy or agreement provides for it.Texas Payday Lawchecked October 29, 2026
UtahPer written policyThe written policy or contract governs. If earned vacation will not be paid, the policy must say so explicitly.Utah Admin. Code R610-3checked October 29, 2026
VermontPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
VirginiaPer written policyThe employer's written policy or contract governs payout of unused vacation.read the rulechecked October 29, 2026
WashingtonPer written policyVacation is a voluntary benefit. Payout only if the employer's policy or agreement provides it.read the rulechecked October 29, 2026
West VirginiaPer written policyPaid when you leave the job unless a written policy provides for forfeiture.W. Va. Code 21-5-1(c)checked October 29, 2026
WisconsinPer written policyPaid when you leave the job unless a written policy says earned vacation will not be paid.read the rulechecked October 29, 2026
WyomingPer written policyThe employer's written policy or contract governs payout of unused vacation.Wyo. Stat. 27-4-507checked October 29, 2026

Federal baseline: Every rule row carries the page it was read from and the date it was read. Federal baseline: Federal law overtime after 40 hours in a work week at 1.5x your true hourly rate (29 U.S.C. 207). No federal daily overtime, meal, rest, final-pay deadline or PTO payout rule. Verified October 29, 2026.

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