I live in Virginia. I am a nurse in an assisted living facility.
I am planning to turn in my two weeks notice after the Holidays. I plan to work during those two weeks and train my replacement. I have earned/accrued 56 hours of vacation time in the last year. Does my boss have to pay me the Vacation time I have earned? Or will I only be paid for the last two weeks and forfeit the vacation time?

  • You should talk to your HR and get the info from them. – Vietnhi Phuvan Dec 24 '14 at 1:58
  • It depends on your policies. Vacation time most likely will be paid out but PTO is not. They are different categories. Perhaps your employee manual has more information. – Brian Dec 24 '14 at 15:58

There are no US federal or Virginia state laws (that I can find at least) that enforces this, so this is entirely up to your employer.

Typically employers will not pay unused Paid Time Off balances if someone leaves the company, and many will not even allow you to take Vacation/PTO once you have given notice. If it is not explicitly states in your contract or the company handbook, assume that you won't be paid those 56 hours when you leave.

If you're not sure how to handle this, then talk to your boss. You might want to tread lightly here if you aren't yet prepared to give your 2 weeks, they have a duty to inform their superiors so that the company can plan your departure.


I am not an attorney. Do not take this as legal advice.

This happened to me. I filed with the state employment commission and they said unless the contract states a cash equivalent for a vacation day then there is no cash equivalent.

Easy. Take your vacation time and THEN in turn in your notice.

My mother is a teacher and teachers don't get vacation days. They do accumulate sick days but only are supposed to take them when they are sick. In the contract a sick day was 1/3 day pay that she collected when she retired.

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