Do I Get Paid for Unused PTO If I Leave My Job?

In Illinois and Indiana, your employer may need to pay you for your unused paid time off (PTO) if you leave your job.

In Illinois, workers generally get paid for their unused PTO. The Illinois Wage Payment and Collection Act says that if an employee resigns or is fired from her job, the employer must pay the employee the monetary value of her unused PTO at her final pay rate. Furthermore, employers cannot require employees to forfeit their unused PTO through employment contracts or handbooks.

In Indiana, workers also generally get paid for their unused PTO. Indiana has two laws governing these situations. One law is the Indiana Wage Payment statute, which applies to cases in which an employee voluntarily leaves his job. The other law is the Indiana Wage Claims statute, which applies to cases in which an employee is fired from his job. However, unlike employers in Illinois, employers in Indiana can create employment contracts or handbooks that require an employee to forfeit his unused PTO when he resigns or is fired.

Thickstun Luo LLC may be able to help you pursue a legal claim if you resigned from or were fired from your job in Illinois or Indiana, and your former employer has refused to pay you for your unused PTO. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.