Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Get your FREE months when you start today * Terms apply

Resources
Paid Time Off (PTO)

Paid Time Off (PTO)

Claudette Zolkowski
September 17, 2026
5 min read
Paid time off (PTO) is an employer-provided paid-leave benefit employees can use for vacation, illness, or personal time. The Fair Labor Standards Act (FLSA) does not generally require employers to provide paid vacation or other employer-provided PTO, though state and local leave laws may still apply. Your written policy and applicable state and local laws determine how employees earn and use PTO and whether unused time must be paid when employment ends.
Table of contents

What paid time off (PTO) means

PTO is an employer-provided paid-leave benefit. You can choose how to structure it, subject to applicable state and local requirements.

Some employers combine vacation, sick time, and personal time in one PTO bank. Others maintain separate policies. A combined policy may satisfy a paid-sick-leave law if it meets that jurisdiction's requirements. The FLSA does not require employers to use either structure, but state and local laws may shape how the policy must work.

The structure you choose affects your team and your own responsibilities as an employer.

Why PTO matters for small business owners

For your employees, PTO means they can rest, handle a personal matter, or recover from illness without losing pay. That matters at a five-person company the same way it matters at a 500-person one.

As an employer, you need to track what employees earn, apply your policy consistently, and pay unused PTO when required.

Learn how to build a policy: How to Create a Paid Time Off Policy.

How PTO accrual and payout affect payroll processing

Accrual and how it affects wage calculation

Employers commonly provide PTO by accruing it based on hours worked or pay periods, or by frontloading an allotment at the beginning of the benefit year.

For nonexempt employees, paid leave generally does not count as hours worked when calculating overtime under the FLSA. Different salary-basis rules apply when exempt employees use or exhaust PTO.

Paying out unused PTO when someone leaves

Whether unused PTO must be paid when employment ends depends on applicable state law and the terms of your policy. In some states, accrued vacation must be paid regardless of policy language. In others, the written policy helps determine what is owed.

Learn more about PTO payout and final-pay requirements in How to Issue a Final Paycheck.

If you owe an employee for unused PTO, include the payment when you process their final wages.

Connecting PTO to payroll makes it easier to manage accruals and balances throughout the year. With SurePayroll® By Paychex you can create PTO, vacation, and sick leave policies, assign them to employees, choose accrual methods, and track earned, used, and available balances in the same system you use to run payroll.

Connect time tracking software and hours and leave stay in sync. No separate spreadsheet, no year-end reconstruction.

See plans & pricing

PTO vs. paid sick leave

PTO is a broad employer-provided leave structure that may cover vacation, illness, and personal time. Paid sick leave is leave employees can use for health-related and other legally protected reasons. Some states and cities require it. A combined PTO policy may meet those requirements if it provides all of the leave and protections required by applicable law.

Related resources

Learn more about PTO, vacation, and sick leave in Types of Time Off for Small Business Owners.

Related terms: exempt employee, non-exempt employee, and What Are Fringe Benefits?.

This content is for educational purposes only, is not intended to provide specific legal advice, and should not be used as a substitute for the legal advice of a qualified attorney or other professional. The information may not reflect the most current legal developments, may be changed without notice and is not guaranteed to be complete, correct, or up to date

Related Terms
Small Business Solutions. Simplified.

You deserve simple solutions from the people who care about your success.

Get started

Frequently Asked Questions

Is PTO required by law?

The FLSA does not generally require employers to provide paid vacation or other employer-provided PTO. State and local leave laws may still apply.

Do you have to pay out unused PTO when an employee leaves?

Whether unused PTO must be paid out depends on applicable state law and your written policy.

What's the difference between PTO and vacation time?

PTO often combines vacation, sick, and personal time in one bank. Vacation time may also be offered through a separate policy. Applicable state and local laws may affect how either policy must work.

Get payroll that’s affordable, easy, and hassle-free.

Start in seconds—and check simple payroll off your list.