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Employment Law/PTO and Extended Sick Payouts


Are there any websites/documentation that outline whether the resident state or work state drives the laws and regulations for the payout of PTO and extended sick accruals?

The documentation for most of the states would be the state in which the company is located. State laws do regulate Vacation, PTO and sick payouts. It is not mandated in any states, but in most states if the company has a policy of either paying or not paying out PTO or sick pay the DOL will expect the company to honor their policy. It is only considered wages in a few states, I only know that in Nebraska it is considered wages and in California it cannot be lost once it is accrued. You would have to look at state law. The law would be for the state in which the company is located and not where the work is done.


If you wish me to look up your state let me know in which state your company is located. Otherwise go to the Department of Labor website for the state in which your company is located.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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