SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.
Do you have an HR or work-related question you'd like him to answer? Submit it here.
I worked in Massachusetts for several years for a Massachusetts-based company. I later moved to Georgia and worked from home for the same company. I was recently laid off. Which state's rule do I fall under for payout of my unused accrued PTO? –Tammy
Johnny C. Taylor, Jr.: I'm sorry to hear about your layoff. You raise a great question, and one applicable to many other employees, so thank you for sharing your experience. Determining payout for unused accrued paid time off (PTO) can be confusing. Working in a different state than where your employer is based adds an extra layer of complexity as you try to figure out which laws apply to your situation.
In most cases, the regulations of the state in which employees physically work apply to remote employees. In your case, Georgia state employment regulations apply. While Massachusetts requires employers to pay out unused PTO at termination, Georgia does not. However, Georgia does allow private employers to administer PTO at their discretion.
Sometimes an employer will establish more generous policies than what state law requires. Or if they're a multi-state employer, they might have a single policy that meets or exceeds the requirements of the state with the most stringent regulations. I encourage you to...
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