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PTO or PDO is payable to an employee upon separation from employment only if a written agreement with the employer or a written policy of the employer specifically provides for payment.
Employers typically establish an accrual rate that determines how much vacation time an employee earns based on their length of service. For example, an employer might grant employees two weeks (80 hours) of vacation per year, which accrues at a rate of 0.769 hours per pay period.
Employee Rights Employers may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all; however, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability.
Can my employer hold my paycheck until I return my uniform, etc.? Only if an employee has signed a written policy or agreement.
Even though Tennessee doesn't have a law requiring PTO payout at termination, employers must pay unused PTO to an employee who leaves the company if there is a company policy, employment contract, or established practice of doing so.
In Tennessee, employers are not required to provide employees with vacation benefits, either paid or unpaid. An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment.
The employer must pay the employee for any accrued unused leave time on the employee's termination unless the employer specifically implements a "use it or lose it policy." The policy must explicitly state that an employee will not get paid for her leave if the leave is not used before employment is terminated.
Tennessee's insurance code now includes voluntary Paid Family Leave as a new form of insurance. On March 31, 2023, Tennessee passed a bill allowing insurance companies to issue Paid Family Leave coverage in the state. Carriers may begin filing their non-statutory PFL insurance product on January 1, 2024.