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Old 02-23-2013, 11:23 PM
 
1,502 posts, read 2,671,216 times
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I live in Virginia, work in DC, and my employer is based in Maryland.

I am starting to accrue alot of paid time off when people get sick and I fill in for them.

I am worried that when I quit, they won't pay me for the time off since I live in Virginia and figure that I had better use all PTO up before I go anywhere.

I believe that the employer needs to pay you for PTO in Maryland if not used and I would imagine the same in DC...but I reside in Virginia.

Does the company need to pay me for all accrued PTO if they are headquarted in Maryland and I work in DC...or am I hosed because I reside in VA.

Thank you for any thoughts.
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Old 02-23-2013, 11:38 PM
 
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It all depends on where you work. If in Maryland they pay "time off", but not in D.C. and they are headquarted in Maryland that doesn't mean crap. You won't get paid. Just use your time off...you earned it. Start taking as much as possible and put your 2 weeks in and leave if your looking at a new job.

Otherwise you would have places like Starbucks or Mcdonalds headquarted in X state and have to follow the x state's rules for all thousands of Starbucks and Mcdonalds nationwide.
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Old 02-24-2013, 01:08 AM
 
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I kind of figured this would be the case. Wondering if I might do better taking money instead of PTO then. One excellent point you bring out is to be sure and give 2 weeks notice (which is something that I grudge doing especially when I work for crappy people...which isn't the case here so far).

Quote:
Originally Posted by packer43064 View Post
It all depends on where you work. If in Maryland they pay "time off", but not in D.C. and they are headquarted in Maryland that doesn't mean crap. You won't get paid. Just use your time off...you earned it. Start taking as much as possible and put your 2 weeks in and leave if your looking at a new job.

Otherwise you would have places like Starbucks or Mcdonalds headquarted in X state and have to follow the x state's rules for all thousands of Starbucks and Mcdonalds nationwide.
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Old 02-24-2013, 01:23 AM
 
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Quote:
Originally Posted by va_lucky View Post
I kind of figured this would be the case. Wondering if I might do better taking money instead of PTO then. One excellent point you bring out is to be sure and give 2 weeks notice (which is something that I grudge doing especially when I work for crappy people...which isn't the case here so far).
If I knew I wanted to leave very soon I would take the money if possible if I was told I was going to lose it I would use some of it. It is usually given every year or you accrued it which means you earned it and deserve it.
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Old 02-24-2013, 01:25 AM
 
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Hey thanks again...great job market around here so it is hard to tell when something better is going to pop up....appreciate your thoughts!

Quote:
Originally Posted by packer43064 View Post
If I knew I wanted to leave very soon I would take the money if possible if I was told I was going to lose it I would use some of it. It is usually given every year or you accrued it which means you earned it and deserve it.
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Old 02-24-2013, 06:00 AM
 
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What does your employee handbook say?
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Old 02-24-2013, 06:30 AM
 
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No idea...will check it later....not a bad idea actually.

Quote:
Originally Posted by wireyourworld View Post
What does your employee handbook say?
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Old 02-24-2013, 09:58 AM
 
Location: California
4,400 posts, read 13,402,991 times
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The Employee Handbook will NOT supercede law, either way. Find out the law in your state and that is what will hold. Trust me on this one...I am in CA and we are MUCH more employee friendly than other states and I have seen companies located out of state zinged by CA Law when it went against the handbook all the time. The handbook will not trump the law....
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Old 02-24-2013, 10:07 AM
 
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My employer will pay 50 cents on the dollar for unused PTO over two weeks.

I believe all is paid at full rate upon separation.

PTO accumulation stops once the employee has 150% of annual PTO

A few of us have fallen into a special group and have accumulated more because requests to take time off were denied due to the needs of the business...

The last time HR said I needed to use PTO I said I would like to take two weeks off starting in next week... boss said it was impossible.
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Old 02-24-2013, 11:27 AM
 
Location: California
4,400 posts, read 13,402,991 times
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Here is a link to the law sheet that I use. DC does not have a law requiring payment, however some courts have found that it MAY be owed if it is accrued as wages.

Best to use it.

And, on this form, DC is under District of Columbia (no offense intended, but as you probably know, sometimes it is in the "D" section but sometimes people list it in "W"...no idea why on the "W" one, but it happens)

http://www.shrm.org/legalissues/stat...ionptolaws.pdf
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