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Paid time off, once earned or awarded, is considered wages upon separation from employment. If the paid time off is available for use at the time of separation from employment, the employer must pay the employee for that time at the regular rate of pay earned by the employee prior to separation.
North Dakota Labor Laws Guide North Dakota Labor Laws FAQNorth Dakota minimum wage$7.25North Dakota overtime1.5 times the minimum wage for any time worked over 40 hours/week ($10.87 for minimum wage workers)North Dakota breaks30-minute meal period in each shift exceeding 5 hours of work
North Dakota is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.
Your personnel policy should spell out the reasons for which employees can be terminated, the steps that will be taken before termination becomes a reality, the necessary time span, the required documentation (sometimes this is specified by law), and the people who will be involved.
There are 20 U.S. states that require companies to pay out the value of an employee's unused earned paid time off (vacation time, sick leave, or both) at employment separation: California, Colorado, District of Columbia (Washington, D.C.), Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana ...
An employer must pay for accrued PTO, but there are a few exceptions. Employers must compensate a departing employee for any accrued PTO at their regular rate of pay prior to their separation. It is not allowed for an employment policy or agreement to include the forfeiture of accrued PTO upon separation.